DISSATISFIED with the ruling of the Federal High Court, Abuja against the Independent National Electoral Commission (INEC) over the award of the Direct Data Capture (DDC) machines contract, the Commission at the weekend disclosed that it would ask the court to set aside the verdict pending the determination of the suit filed by Bedding Holding Limited against the electoral body.
Meanwhile, INEC Chairman, Prof. Attahiru Jega, has disclosed that in the Commission’s bid to promote transparency, the forthcoming voters registration would include an online component, whereby the list would be available on the Internet for validation and verification.
Reacting to the court order, the INEC National Commissioner in charge of Legal Services, Philip Umeadi (Jnr.) said in a statement that the commission was yet to be served any court order, but added that if the commission was served, it would approach the court with a view to setting aside the order.
Justice Ibrahim Auta had on Friday issued an order restraining INEC from acquiring the machines while ruling in an ex parte application moved by Chief Assam Assam (SAN), who appeared with Mr. John Okoriko, Emeka Odoh and others in a suit filed by Bedding Holding Limited against the commission.
INEC had in last month awarded the contracts for the supply of the DDC machines to HAIER Electrical Appliances Corporation Limited, Zinox Technologies Limited and Avante International Technology Incorporated, all of which were listed among the defendants.
Umeadi said: “We have not been served with any court order or the court process leading to the restraining order. As soon as the service is effected on the commission, we shall study it and commence the processes of setting it aside.”
The INEC National Commissioner also assured Nigerians that there was no cause for any panic or alarm over the court order, saying: “The court is there to vindicate the just.”
In granting the order against INEC, Justice Auta said: “The defendants/respondents either by themselves, agents, privies, contractors, surrogates, or any other person or persons claiming through them, are restrained from continuing the process of considering proposals of entering/bidding for, producing, procuring, supplying, acquiring, importing, buying, receiving, selling, leasing, alienating, applying or otherwise using the Direct Data Capturing Machines, laptops and/or any other equipment ancillary to, or associated with the process and application of the said machines/equipment about to be supplied or being supplied by the 4th-6th defendants/respondents to the 1st and 2nd defendants/respondents for the registration of voters and/or compilation, production and use of a voters’ register for the 2011 general election or any other elections whatsoever, pending the hearing and determination of the motion on notice for interlocutory injunction filed before this honourable court.”
In the motion ex-parte brought pursuant to Sections 6 and 36 of the 1999 Constitution, Orders 26, 28 and 46 of the Federal High Court (Civil Procedure) Rules, 2009 and under its inherent jurisdiction, the plaintiff, Bedding Holding Limited accused INEC of under-hand dealings in the award of the DDC contract.
In the affidavit deposed by Emmanuel Yomi on behalf of Bedding Holding Limited said that the plaintiff was prompted to file the suit by the defiant acts of the defendants/respondents of going ahead with the said contract despite repeated warnings.
Speaking at the weekend in Brown University, in Providence, United States (U.S.) at the second annual Achebe Colloquium, the INEC Chairman disclosed that “when the voters list is ready it will be on the internet.”
The colloquium which took place on Saturday was witnessed by dignitaries, including the Nigerian Ambassador to the U.S., Prof. Ade Adefuye; two former U.S. Ambassadors, John Campbell and Walter Carrington; Rivers State Governor Rotimi Amaechi; The Guardian’s Managing Director and Editor-in Chief, Emeka Izeze; among others
At the colloquium with the panel topic: Nigeria elections and political transparency, Jega said INEC was currently improving on its information technology capacity in order to ensure that after the forthcoming voters’ registration, Nigerians can check the voters’ list on the Internet.
He added that while the voters’ registration was going on, INEC would be receiving text messages on the conduct of the exercise from Nigerians.
He also noted that there should be about 70 million Nigerians who are “registrable” to vote based on the estimate the commission was using, adding that INEC “will arrange to register whoever comes out in that bracket, we’ll register them.”
The INEC chairman also disclosed that the commission would engage National Youth Service Corps (NYSC) members for the election instead of the former practice where INEC used ad-hoc workers, some of whom were picked from the street, including from party chiefs.
“NYSC provides a better pool of resources for our ad-hoc staff and we’ve decided that is better than picking people from the street,” Jega said.
According to him, INEC will appoint about fourth/fifth of its ad-hoc workers from the NYSC members and senior students from tertiary institutions would make up the balance.
While acknowledging the challenges that the time limitation and other legal framework issue imposes on the 2011 election, Jega who said even though the 2011 polls may not be completely perfect, it will surely be credible.
“We are not going to have a perfect election, the expectations are so high, but we shall lift the standards, so Nigerians can consider it free, fair and credible,” he submitted.
Commenting further on the legal issues including the constitutional amendment and Electoral Act, the INEC Chairman said based on his knowledge of government workings, he “believes the problems are being resolved, it’s just a question of time for it to take effect.”
Jega also said there has been some challenges with some INEC workers he inherited who were not professional, but added that “we are doing our best to bring dramatic change as in a way that will not disrupt plans for the elections.”
Insisting that a major component of the electoral abuse in Nigeria is the issue of impunity when the laws are broken, Jega said INEC had been engaging the government agencies like the Police and the security agencies, political parties and the civil society to buy into the reform of the electoral process.
According to him, “a key challenge is the problem of impunity, executive lawlessness, using official power with impunity.”
He added that “we have said we shall not break the law, but will ensure that those who do so shall be prosecuted, this will sanitize the process.”
INEC, he observed, would be very firm on the deadlines that had been set for the various stages of the process, adding that “we shall be serious with deadlines on candidates’ nominations and follow the electoral laws.”
Izeze, who also spoke at the event, submitted that the planning of the election so far has not inspired confidence raising issues about the constitutional challenges about the elections that were still pending.
SOURCE:http://www.ngrguardiannews.com
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