3rd December 2024 1:34:52 PM
2 mins readA Distinguished media lawyer, Samson Lardy Anyenini, has clarified that while voting is meant to be secret, individuals who voluntarily disclose their vote are not subject to legal punishment.He pointed out that the law guarantees voter confidentiality, holding election officials accountable for failing to protect this secrecy.
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Mr Anyenini emphasized that the constitutional provision for vote secrecy is designed to protect the voter, with the onus on election organizers to ensure that no one can observe or interfere with a person’s vote.Speaking on Joy FM's Super Morning Show on Tuesday, December 3, lawyer Anyenini asserted "If I voluntarily disclose my vote, I cannot be punished for voluntarily disclosing my vote.
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"He further clarified that, regardless of the interpretation of the law, it does not impose penalties on the individual whom the secrecy provisions are intended to safeguard."The secrecy rule cannot be enforced against the person whose vote is meant to be protected if they choose to disclose it voluntarily," he said.
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Lawyer Anyenini also pointed out that public vote declarations typically happen after voting, referencing the example of exit polls conducted in the United States."That is why we have exit polls, where people stand by waiting for you to vote. As soon as you vote, they ask you who you voted for, and you declare—' I voted for Trump.
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' By the close of voting, even though the votes have not been counted and declared, America already knows who has potentially won the election," he said.He ended by pointing to the constitutional definition of a crime "A crime is what is prohibited by written law. The law must be written, and the offence must be prescribed. Which law can you refer to that says you are prohibited from doing what you just said?”
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