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I can’t tender voters register, Jega tells court

The Chairman of the Independent National Electoral Tribunal, Prof Attahiru Jega, yesterday, adduced reasons why he would not tender the biometric data bank containing the national register of voters in the country, before the Presidential Election Petition Tribunal sitting in Abuja.


While insisting that tendering such a sensitive material would endanger national security, Jega pleaded the court to vary a subpoena earlier issued against him at the behest of the Congress for Progressive Change, CPC, with a view to exempting the biometric data bank from the list of exhibits to be tendered in the matter.
Besides, the INEC boss who argued through his lead counsel, Adegboyega Awomolo, SAN, equally sought for an extension of the pre-hearing period for the purpose of determining the application he filed yesterday, as well as, an order for leave to move the motion outside the period designated for pre-hearing.

Specifically, he pleaded the tribunal for, “an order varying the Subpoena Duces Tecum and Ad Testificandum, issued by this court on 20th September 2011 and served on the 2nd respondent/applicant to the extent of the agreement reached by all the parties to this petition and made the order of this court on Tuesday 24th May, 2011, that is to say, by deleting the following items:
“National biometric data bank containing the national register of voters;

Voters register evidencing accreditation; forms EC8A, EC8B, EC8C used for the election evidencing return of the results declared at the polling units, wards and local government areas.
“Certified true copy of tabulation of ballot papers distribution evidencing the serial numbers of ballot papers shared across the country to polling units, wards and local government areas.
“Excel application used in computer summation of the result for presidential election across the nation.
“Downloaded result declared in 36 states”, among others.
INEC chairman anchored his application on the grounds that pre-hearing was concluded long ago before the subpoena was filed on September 20, in the course of the actual hearing of CPC’s petition.
He argue that “ the motion could not have been filed at pre-hearing, adding that the items enumerated above form the subject matter of an agreement signed by the parties to the effect that election materials used at the states for the election should be obtained by any person desiring them from the Resident Electoral Commissioner of the respective states.”
The opposition party had gone before the tribunal with a view to voiding election results garnered by the PDP in all the 17 states in the South, as well as those of Sokoto, Kaduna, Plateau, Kwara, Benue, Adamawa, Nasarawa states, in the North and the Federal Capital Territory, FCT.
It alleged that ballot papers meant for specific polling units were illegally diverted to other units and were subsequently used for ballot stuffing, even as it has equally asked the tribunal to declare that President Jonathan failed to fulfil the requirement of section 134 (2) of the 1999 constitution.
It is therefore praying the tribunal to nullify the April 16 presidential election and order a re-run between it and the ruling PDP or in the alternative, declare its own candidate, Gen Muhammadu Buhari, as the bona-fide winner of the contest.
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