| (c) The Petitioner was not supplied with an official copy of the Voters Register, contrary to section 32(5) of the Act.
Paragraph 3(1) (q) of the Petition. Persons without Voters’ Cards were allowed to vote.
“3(1) (q). That contrary to sections 29(4) and 34 of the Act the 2nd Respondent’s agents/servants in the course of their duties allowed people with no valid Voters’ Cards to vote.”
The 2’ Respondent made a reply to this ground of the Petition as follows:
“15. In reply to paragraph 3(1)(q) of the Petition, the 2nd Respondent avers that it allowed people whose names appeared in the Voters’ Register but had not been able to obtain Voters’ Cards to vote after being properly identified, and that the number of such people was small and insignificant and the 2nd Respondent did this lawfully, in exercise of powers and functions given it by law.”
The 2nd Respondent did not say in his reply what law entitled it to allow voters whose names were in the Register but without valid Voters’ to vote. It was the 2nd Respondent’s duty to cite the law which allowed it to do this.
This ground in my view, is related to the one concerning failure by the 2nd Respondent to compile and publish as required by law the Voters’ Rolls iii the Constituencies and at the Polling Stations, because Voters’ Cards could only be properly issued to Voters whose names were on the Voters’ Register and Voters’ Rolls. If the exercise of compilation and publication of the same was messed up, as I have found was the case, then the exercise of issue of Voters’ Cards was proportionately affected.
Section 29(4) of the Act provides:
“Any person registered as a voter and whose names appear in the Voters’ Roll of a Polling Station and who holds a valid Voters’ Card shall be entitled to vote at the Polling Station.”
Section 34 of the Act:
“(1) A voter wishing to obtain a ballot paper for the purpose of voting, shall produce his or her Voters’ Card to the Presiding Officer or Polling Assistant at the tale referred to in paragraph
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