The Nation Newspaper

Tag: Inec

  • Jega seeks EU support for voters’ education

    Jega seeks EU support for voters’ education

    The Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, has solicited the assistance of the European Union in the education of voters and other stakeholders in the country.

    Jega sees voters’ education as necessary for the success of the 2015 general elections.

    The INEC boss, who spoke on Friday in Abuja during a meeting with EU Ambassador to Nigeria, Mr. Michel Arrion and his team said as much as the commission would love to ensure proper voters’ education, it has insufficient budgets.

    He also asked for more training for the workforce, especially in the area of logistics.

    The training, he argued will go along in assisting the commission’s work.

    Besides, Jega also used the opportunity to clarify the report on the meeting with political parties in Ekiti.

    He said it was not true that 25 political parties walked out of the meeting as reported.

    According to him only three political parties staged a walk out.

    Jega, who also pleaded with EU to include the media in the training, urged journalists to avoid sensitization, stressing that “it is not everything a politician says that can be reported.”

    “Our media needs to know that it is not everything that can be reported,” he stated.

     

  • INEC, patent and the judiciary

    RECENTLY, an Abuja Federal High Court held that the Independent National Electoral Commission (INEC) infringed on the patent rights of Bedding Holdings Ltd (BHL) in the contract purchase of Direct Data Capture (DDC) machines in 2010. In his judgment, Justice Ibrahim Auta awarded N17.3 billion damages to the plaintiff – representing 50 per cent of the value of the contract. The genesis of the case was the contract awarded by INEC in 2010 to three firms (one indigenous and two foreign) for the supply of DDC machines for voter registration in the run up to the 2011 general elections. It was a contract award that drew much attention to itself, first for the shortness of time for the firms to execute it, and second, for the involvement of foreign companies in a job many argued would be effectively handled by indigenous firms. INEC in a sense heeded the call of some patriotic Nigerians by awarding a huge part of the contract to the only Nigerian firm among the three awardees. This gesture alone created instant jobs for hundreds of Nigerians and arrested capital flight. At the end, Nigerians were justified for canvassing for all the job to be given to competent indigenous firms. Proof of this was the verdict from INEC that only one company delivered the DDC machines within the stipulated time frame of about 35 days. That company (Zinox) was the only indigenous firm among the lot. This feat strengthened the position of local content advocates to canvass for a wider berth for local companies in the overall national quest for economic growth and sustainable development. Consequent upon the award and successful execution of this contract, Beddings Holding approached the court, claiming it is the rightful owner of the patent for DDC machines and allied process of data capturing. In delivering his judgment, Justice Auta said: “From the evidence before this court, it is clear that the plaintiff actually owned a subsisting patent right over the process, application and the use of DDC machines for voters’ registration”. He also said: “Section 6 of the nation’s Patent and Design Act preclude anybody from using a patented invention without the consent of the inventor. So, INEC should always play by the rule so that its conduct does not affect the outcome of elections.” It was on the basis of this that the judge awarded cost in favour of the plaintiff. While I do not begrudge the plaintiff for the judgment or the three companies for making billions of naira from the DDC machines contract, there is the overriding need to examine the nature of patents, the implications of the judgment, the behaviour of INEC and the role of the judiciary in the nation’s electoral process. A patent, according to Encarta dictionary, is an exclusive right officially granted by a government to an inventor to make or sell an invention. Patents are granted for inventions and an invention is a process or device created by someone or group. The very fact that it is called an invention worthy of patent suggests that such process or device is new, unique and has never before been achieved. In the instant case of DDC machines, it is hard to prove that any Nigerian, individual or body corporate, is the inventor. To infer such and to ascribe such status to oneself means that other DDC processes including the bungled national identity card project under former President Olusegun Obasanjo, the direct data capture undertaken by the Nigerian Communications Commission and the telecoms companies in the country all infringed on the right of the patent owner. All of these projects bordered on the capturing of the biometric data of Nigerians in just the same way the INEC DDC machines did. Patent under any law, sovereignty or trade agreement including the World Trade Organisation (WTO) schedule is a very serious matter which must not be subjected to political, pecuniary or sentimental manipulations. Thomas Edison holds the patent for the electric bulb because he invented the electric bulb through well-defined process in a known and verifiable laboratory. He did not lay claim to the invention, he actually created a device. On that count, humanity says he deserves his patent. This is the context in which the judgment of Justice Auta is not only curious but strange. It is at best a mockery of reality and acceptable global tenets on matters of patents and patenting. But it raises a number of questions. Was the DDC machine used by INEC including the process of deploying such machine a Nigerian invention or the invention of any particular person or institution? What about the DDC machines used during the national identity card project or the ones used during the SIM Card registration by NCC and telecom companies in the country? The DDC machine comprises a laptop with camera, fingerprint capturing device (scanner) and printer. Besides, none of these devices can function without a software of its own and you need another software to tie them up together to function as a unit. I am a firm believer in the judiciary and a fervid advocate that people should resort to the judiciary to defend their rights. To that extent, the judgment of any court of competent jurisdiction should be binding on the parties involved. But the judiciary is not all about a High Court. The instant case requires further judicial inquisition and it is on this basis that a judgment of this nature need to be scrutinised by a higher assizes namely the Court of Appeal and the Supreme Court. It would be interesting to know in the final analysis what should earn a patent from the Nigeria patent office. Should one, for instance, be awarded patent for a product or service which he or she had no factory, laboratory or proven competence to create or just because such person was able to produce any document to support a claim? Nigerians need urgent answers to assuage their curiosity. •Musdafa writes from Abuja

  • 2015: INEC defends Feb date for polls

    2015: INEC defends Feb date for polls

    •Ekiti voters’ list out today

    Independent National Electoral Commission (INEC) Chairman, Prof. Attahiru Jega, has again defended the February dates for the 2015 elections.

    He said the dates would enable politicians with litigations to have enough time to attend to them.

    This, the INEC chairman said, is inevitable in Nigeria, where litigations need to be addressed before the handing over date and not to favour a group over the other.

    Prof Jega warned on the need for political parties to stick to timelines for campaigns.

    The INEC chairman debunked the reports that the commission provided two different voters’ lists for last November’s election in Anambra State.

    He said the voters’ lists for Ekiti State would be provided today as a prelude to the beginning of the Continuous Voters Registration (CVR).

    Jega spoke at the National Broadcasting Commission (NBC)/INEC Forum on: Broadcast Media Coverage of Election: A Preamble to 2015.

    He said: “Let me use the opportunity of this forum to restate that INEC’s choice of those dates was informed by purely rational and logical considerations. We have scheduled the elections for February 2015 to allow ample time for litigation, which are inevitable in our Nigerian context, before the commencement of new tenures of May 29, 2015.

    “The allegation that INEC changed the sequence of elections in 2015, when compared with 2011, is simply not true. In 2011, we had the National Assembly election first; then, the presidential election and lastly, the state elections into governorship and State Assembly seats.”

     

     

     

    Prof Jega, who also responded to the call for one-day elections, said the task was daunting for the country.

    He said: “There have been calls from some quarters that Nigeria should conduct one-day elections, as it is the practised in some other countries. Convinced in INEC that the challenges of holding one-day elections are too daunting for our democracy at this time, all we have done is to combine the national elections – namely for National Assembly seats and presidential – on one day, and states elections – for governorship offices and states Assembly seats – on another. This, for us, is rational and defensible things to do. But we also know that partisan criticism of whatever move we make is inevitable. So, we will just stay focused.”

    The INEC chairman expressed concerns about “increased tendency to pre-empt electioneering by political parties”.

    He said the commission had noticed in Ekiti and Osun states as well as on 2015 elections.

    Prof Jega reminded the political parties of the timelines for campaigns, adding that early campaigns would heat up the polity.

    He said: “One more issue that gives us increasing concern in INEC is the growing tendency by political parties towards pre-emptive electioneering. This tendency is a violation of statutory provisions – for instance, Section 99(1) of the Electoral Act 2010 – on the time when campaigns can be legally conducted. The notices we issued recently on the governorship elections in Ekiti and Osun states, as well as the 2015 elections, indicate the timelines for campaigns, based on legal provisions. Premature electioneering will not only heat up the polity unnecessarily, it will also be breaking established laws of this country.”

    The INEC chairman urged the media to cooperate with the commission to ensure free, fair and transparent elections in 2015.

    He said: “The media, just like the security agencies, have a role to play in discouraging the growing tendency and calling political actors to order for the good health of our democracy.”

    Prof Jega listed insecurity, funding, attitude of the political class and inactive citizenry as some of the challenges the commission was facing.

    The INEC chairman assured the commission was “doing all that is desirable to bring about free, fair, credible and peaceful elections”.

    He urged the media and other stakeholders to work with INEC to accomplish its tasks.

     

     

     

     

  • Judge frowns at INEC’s, others’ refusal to attend court

    Judge frowns at INEC’s, others’ refusal to attend court

    The Chief Judge of the Federal High Court, Justice Ibrahim Auta, yesterday frowned at the refusal of the Independent National Electoral Commission (INEC), its Chairman, Prof. Attahiru Jega and a firm to attend court to defend their request for stay of execution of the N17.3 billion judgment entered against them.

    The judge was livid that INEC, Jega and Zinox Technologies Ltd who, in their applications, had created the impression that the next general elections were threatened by the existence of the judgment, deliberately chose not to attend court when they were to argue their applications for stay of execution of the judgment.

    Justice Auta in the January 28 judgment faulted INEC and Jega over the N34.5 billion contracts they awarded in 2010 for the purchase of Direct Data Capturing (DDC) machines for voter registration.

    The judge held that in the award and execution of the contracts, INEC, its chairman and three companies involved in the transaction, infringed on a valid and subsisting patent right owned by a firm – Bedding Holdings Ltd (BHL).

    Justice Auta declared that BHL was entitled to 50 per cent of the contract sum of N34,517,640,000 (which is N17,258,820,000 “being the minimum reasonable royalty accruable to the plaintiff “ for the unauthorised use of its invention.

    Defendants in the suit were INEC, Jega, the Attorney-General of the Federation (AGF) and the companies to which INEC awarded the contracts – Haier Electrical Appliances Corporation Ltd, Zinox Technologies Ltd and Avante International Technology.

    Shortly after the judgment INEC, Jega and Zinox applied that the execution of the judgment be stayed on the grounds that they were planning to appeal.

    They argued, in the applications, that in view of huge judgment sum, they would be incapacitated and unable to function if the judgment was not stayed.

    In the application filed for them by A. B. Mahmoud (SAN), INEC and Jega drew the court’s attention to their ongoing preparation for the 2015 general elections and argued that “an execution of this judgment will render it impossible for the applicants to carry out this important constitutional and statutory duty.”

    BHL filed a counter-affidavit, where it urged the court not to stay the execution of the judgment, because it was incapable of hindering the applicants’ operations. The firm added that judgment was not to be paid from the judgment debtors’ future earnings or allocations, but from their earnings from the contract for which INEC had paid.

    BHL noted that INEC and its chairman disregarded an earlier judgment given against them in a sister case by another judge of the court, Justice Adamu Bello. It argued that it was necessary to preserve the dignity of the court by not granting the applicants’ applications.

    Parties were to appear before the court yesterday to argue their applications. While John Okoriko appeared for the judgment creditor, INEC, Jega and Zinox were not represented.

    The development angered the judge, who observed that the applicants, in their applications, created the impression that heaven would fall if their prayer was not granted, only for them to refuse to attend court when it was time for them to argue the applications.

     

     

  • 2015: INEC defends February dates

    2015: INEC defends February dates

    Chairman, Independent National Electoral Commission (INEC), Prof. Attahiru Jega, has again defended the choice of February dates for the 2015 general elections.

    Jega explained that the dates were to allow for ample time for litigations, which according to him had become inevitable in Nigeria.

    He also warned on the need for political parties to stick to timelines for campaign.

    The INEC boss debunked the reports making the rounds that the commission provided two different voters’ lists for the Anambra election.

    He announced that the voters’ lists for Ekiti will be provided on Wednesday as a prelude to the commencement of the Continuous Voters Registration (CVR).

    Jega, who spoke at the National Broadcasting Commission (NBC)/INEC Forum on Broadcast media coverage of election: A preamble to 2015 said, “Let me use the opportunity of this forum to restate that INEC’s choice of those dates was informed by purely rational and logical considerations.

    “We have scheduled the elections for February 2015 to allow ample time for litigations, which are inevitable in our Nigerian context, before the commencement of new tenures of May 29, 2015. The allegation that INEC changed the sequence of elections in 2015, when compared with 2011, is simply not true. In 2011, we had the National Assembly election first; then, the Presidential election; and lastly, the state elections into Governorship and State Assembly seats.”

    Jega also responded to the call for one-day elections, saying the task is daunting for the country.

    He said, “There have been calls from some quarters that Nigeria should conduct one-day elections, as it is the practice in some other countries. Convinced in INEC that the challenges of holding one-day elections are too daunting for our democracy at this time, all we have done is to combine the national elections – namely for National Assembly seats and presidential – on one day; and states elections – for governorship offices and states Assembly seats – on another. This, for us, is rational and defensible things to do. But we also know that partisan criticism of whatever move we make is inevitable. So, we will just stay focused.”

     

  • DDC machines: Judge frowns at INEC, others’ absence in court

    The Chief Judge of the Federal High Court, Justice Ibrahim Auta, on Tuesday frowned at the absence of the Independent National Electoral Commission (INEC), its Chairman, Prof. Attahiru Jega and in court to defend their request for stay of execution of the N17.3billion judgment entered against them.

    The judge was particularly livid by the fact that INEC, Jega and Zinox Technologies Limited who, in their applications, had created the impression that the next generals election were threatened by the existence of the judgment, deliberately chose not to attend court when they were to argue their applications for stay of execution of the judgment.

    Justice Auta had in the January 28, 2014 judgment faulted INEC and Jega over the N34.5 billion contracts they awarded in 2010 for the purchase of Direct Data Capturing (DDC) machines for voters’ registration.

    The judge held that in the award and execution of the contracts, INEC, its Chairman and three companies involved in the transaction, infringed on a valid and subsisting patent right owned solely by a firm – Bedding Holdings Limited (BHL).

    Justice Auta declared that BHL was entitled to 50 per cent of the contract sum of N34, 517,640,000 (which is N17, 258,820,000 “being the minimum reasonable royalty accruable to the plaintiff” for the unauthorised use of its invention.

    Defendants in the suit were – INEC, Jega, the Attorney General of the Federation (AGF) and the companies to which INEC awarded the contracts – Haier Electrical Appliances Corporation Limited, Zinox Technologies Limited and Avante International Technology.

    Shortly after the judgment, INEC, Jega and Zinox applied that the execution of the judgment be stayed on the ground that they were planning to appeal.

    They argued, in the applications, that in view of huge judgment sum, they would be incapacitated and unable to function if the judgment was not stayed.

    In the application filed for them by A. B. Mahmoud (SAN), INEC and Jega drew the court’s attention to the ongoing preparation for the 2015 general elections and argued that “an execution of this judgment will render it impossible for them to carry out this important constitutional and statutory duty.”

     

  • I-Nigerian urges positive attitude

    I-Nigerian urges positive attitude

    The I-Nigerian Renaissance Initiative, an NGO promoting positive development has urged Nigerian to develop positive attitudes election without imputing negative attitudes to the process.

    Responding to the public outcry and reactions to the recently releaed election time-table by the Independent National Electoral Commission (INEC), the National Cordinator of the group, Ada Stella Apiafi said positive attides to decision-making can ensure free and fairness in the fortcoming elections.

    Ada stated that “With INEC’s recent release of the time-table for the 2015 elections, reactions have come from far and wide – politicians, and Nigerians alike -indicate that there is a fear that the same thing that happened in 1983, may happen again in 2015. Some politicians have even gone as far as accusing the electoral body of working in tandem with the ruling People’s Democratic Party (PDP), to ensure the Party’s victory come 2015. Many, are therefore insisting that all the elections must hold on the same day. Expectedly, INEC and PDP have denied these seemingly spurious accusations. INEC on its part, explains that it lacks the logistic ability to conduct all the elections on the same day, while the incumbent Party says it was as surprised at the timetable as everyone else.”

    She further said that her group which is a non-partisan but committed to resuscitate the pride of being Nigerian in action, utterances, and perception, are concerned about this rancorous trend in our body polity, and the ripple effect this may have on the collective mindset of the Nigerian people.

    While applauding INEC for all its painstaking efforts to put structures in place that will guarantee a better managed electoral process in 2015, I-Nigerian Cordinator urged it to use the timetable as a template for a lasting procedure for conducting elections.

    Ada Apiafi later appealed to all stakeholders – politicians, electoral officials and Nigerians to be watchful of national interest in whatever they do in issues of differences of opinion, strategies, ideologies, or even modus. We cannot afford to allow the prediction of detractors and cynics to come true in 2015.

    “Perhaps also the “subtle suggestion” could be made to INEC to make out time to organise an informative Conference where all contentious issues regarding the 2015 elections time-table, could be ironed out amicably. Again, this in the same line of appeal for the interest of Nigeria, and of Nigerians, to be consciously considered.

    “We cannot afford to toy with the hard-earned democracy that we have practised since 1999. Rather, we should be moving forward to a position where our electoral process be worthy of emulation by other fledgling democracies of the world,” she concluded.

     

  • How INEC can conduct fair polls, by Wamakko

    How INEC can conduct fair polls, by Wamakko

    Sokoto State Governor Aliyu Wamakko suggested yesterday two options to the Independent National Electoral Commission (INEC) for a free, fair and transparent election in 2015.

    First, he said, the agency should conduct the elections in a day. The second option is to conduct the presidential election last.

    He said doing so would ensure the transparency of the agency as an independent electoral umpire.

    Wamakko spoke when the United States Ambassador to Nigeria, James Entwistle, visited him at the Government House, Sokoto.

    He said: “It is the only option that would ensure transparent elections in the country.

    “If that will not be possible, let the elections be conducted in this order – the House of Assembly, governorship, National Assembly and the Presidential election,” he said.

    Wamakko, who dumped the Peoples Democratic Party (PDP) for the All Progressives Congress (APC), said it was only by doing so that there will be free, fair and credible elections to usher in leaders who will ensure the well being of Nigerians.

    He noted that no amount of intimidation would deter nor frustrate the progressives.

    The governor explained that the progressives would mobilise its supporters to desist from violence and thuggery, so that there would be free and fair elections.

    “The state government would continue to partner the United States government to improve on the well being of the people in the areas of education, water supply and agriculture, among others,” he said.

    Entwistle urged Nigerians to shun violence, in order to have free, fair and credible elections to ensure good governance.

    “Free and fair elections would ensure good democratic governance, for peace, progress and political growth of the country”, he pointed out.

    According to Entwistle, “the time has come for Nigerian politicians to shun political violence, as a means of ensuring transparent elections.

  • Buhari to INEC: Conduct 2015 elections on same day

    Buhari to INEC: Conduct 2015 elections on same day

    Former head of state, Gen. Muhammadu Buhari (rtd), on Saturday, advised the Independent National Electoral Commission (INEC) to conduct 2015 general elections on the same day.

    Buhari gave the advice in Daura, Katsina State, while answering questions from journalists after he obtained the All Progressive Congress membership card.

    He said that conducting the elections in one day would help in reducing election malpractice and save cost.

    He added that the litigations that trailed the 2003, 2007 and 2011 general elections would be avoided if the elections were held on the same day.

    “If all the elections are conducted on the same day, there will be less cases of snatching of ballot boxes and use of political thugs to rig elections,’’ the News Agency of Nigeria quoted the former head of state as saying to journalists.

    Buhari, who urged party members to come out en masse and register with the APC, expressed optimism that the opposition party would win the 2015 general elections in the country.

     

  • Voter registration in Osun, Ekiti begins March 12, says INEC

    Voter registration in Osun, Ekiti begins March 12, says INEC

    The Independent National Electoral Commission (INEC) has said voter registration in Osun and Ekiti states will bgin on March 12 in preparation for the governorship elections.

    INEC’s Director (Voter Registration) Emmanuel Akem broke the news yesterday at a Stakeholders’ Forum on the “Status of Continuous Voter Registration (CVR)” in Abuja.

    He said the exercise would enable the commission to accommodate complaints arising from voter registration.

    Akem said the commission would use Registration Area Officers (RAOs) at ward levels, adding that INEC might use mobile platforms to register voters.

    He said the CVR would correct some of the anomalies detected in the 2010 voter register, stressing that the CVR was not for those that could not register in 2010.

    Akem said: “We want to use the opportunity of the CVR to correct mistakes in terms of biometrics in the previous registration. The choice of the registration centres at the wards is to increase participation.”

    He said those who could not register at the wards could come to INEC local government offices to register.

    Akem said the commission would comply with the Electoral Act which imposes N100,000 fine on any person involved in multiple registration.

    The Country Director, Action Aid International, Dr. Hussaini Abdu, said the credibility of the voter registration was a major determinant of a credible election.

    Abdu said civil society organisations had been clamouring for a credible voter register since 1998.

    He said the country had not voted with a permanent voter card since 1999, adding that the development informed the civil society groups’ call for the proposed Electoral Act.

    Abdu said INEC was approaching the CVR in a seasonal manner.

    He said: “You do not need a particular date to secure an international passport. You just walk into the office of the Immigration Service and apply for one as long as you meet the requirements.

    “That is the same way voter registration should be done. CVR, as the name implies, should be continuous.”

    According to the News Agency of Nigeria (NAN), the event was organised by the Transition Monitoring Group (TMG), United Nations Development Programme (UNDP) and four other international agencies.