BAT already bracing for a rerun/Whatsapp Opinion

BAT already bracing for a rerun

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It is looking obvious that the presidential tribunal will nullfy the February 25 presidential election which dubiously produced BAT.

Prior to watching that video, I was beginning to doubt my own six senses as to the distortions that go on in public discourses about that election, a growing conformity syndrome that attempts to kowtow to the powers whether acquired fraudulently or otherwise, and the ongoing attempt to pull the wool over our eyes on that electoral heist in the wee hours of the night.

Not that this is the proper decision to make for the court/tribunal, considering BAT ought to be disqualified oughtrightly for his numerous constitutional baggages, but it is a face-saving, soft-landing measure to all the parties, especially those who ought to go to jail I.e Mahmoud Yakubu.

So, BAT, in his usual wheeler-dealing, is beginning to co-opt Wike and Kwankwaso to his side. His insistence on Akpabio for the Senate Presidency, a good move though, is to preempt the possible few weeks where an Igbo could become Acting President.

The video evidence of Labour Party at the Court of Appeal on Saturday, which showed Yakubu and Festus Okoye both confirming the provision of the law on BVAS and IREV have all but cleared the air on that presentation by the LP and PDP.

In the first clip, Yakubu said, “there is no going back on BVAS for the accreditation of voters, and no going back on upload of results directly from the polling units to the IREV.”

In the second clip, Okoye identified two modes of collation of election results to include transmission from polling units, and the physically copy to be taken to the ward collation centre.

To stress the primacy of the technological transmission, he said “If there is a dispute you refer back to the electronically transmitted results”.

My lord justices watched with rapt attention, with their hands to their jaws. It was obvious they had heard enough because both PDP and LP witnesses’ have hinged and elucidated their testimonies on this fundamental breach on election day.

The respondents, including INEC, BAT and APC, have all admitted “technical glitches” as the reason for their non-compliance. They have corroborated the witnesses’ evidence of the failure to transmit by insisting it is not mandatory in law, despite this being stoutly espoused in Section 64 of the Electoral Act, 2022.

By Yakubu’s assurances, being the sole national electoral referee, the Principle of Estoppel under evidence laws had come into play. Also, the Principle of Legitimate Expectation under contract laws was activated.

By definition, estoppel is the “principle which precludes a person from asserting something contrary to what is implied by a previous action or statement of that person or by a previous pertinent judicial determination.”

For an expectation to be legitimate in a contract, it must have been made by a legitimate authority and such representations would prima facie bind the public authority.

Unless Nigeria is a confirmed criminal state, nothing would prevent the nullification of the fraud of Yakubu on the ground of substantial non-compliance, if nothing else flies.

Finally, those videos of last Saturday reassured me that I am alive and well and not suffering from excessive fever. That away from the gaslighting and double-speak, the law and the facts cannot be altered.

*Peace


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