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Tag: Inec

  • Plateau bye-election: INEC seizes 7 PVCs, 5 fake agent cards

    The Independent National Electoral Commission (INEC) in Plateau State says it has seized seven Permanent Voter Cards (PVCs) from under-aged voters and five party agent cards during the Qua’an Pan North House of Assembly bye-election.

    Prof. Anthonia Simbini, INEC National Commissioner, North Central, made the disclosure to newsmen in Kwa, Qua’an Pan on Saturday.

    He said: “We discovered in some polling units three major problems during the accreditation in this bye-election; under aged, fake party agent cards and low turnout of voters.”

    She expressed happiness with the presiding officers, who, she said, had turned away most of the under aged voters that came for accreditation.

    Simbini said it was totally unacceptable to see under aged carrying PVCs to participate in elections.

    Commenting on the election, Dr Godwin Kwanga, the state Resident Electoral Commissioner, described the accreditation as “peaceful and orderly.’’

    He appealed to the people of Qua’an Pan to give the INEC officials the necessary cooperation for a successful and credible election.

     

  • Plateau bye-election: INEC seizes PVCs, fake agent cards

    Plateau bye-election: INEC seizes PVCs, fake agent cards

    The Independent National Electoral Commission (INEC) in Jos says it has seized seven Permanent Voter Cards (PVCs) from under aged voters and five party agent cards during the Qua’an Pan North House of Assembly bye-election.

    Prof. Anthonia Simbini, INEC National Commissioner, North Central, made the disclosure to the News Agency of Nigeria (NAN) in Kwa, Qua’an Pan on Saturday.

    “We discovered in some polling units three major problems during the accreditation in this bye-election; under aged, fake party agent cards and low turnout of voters,’’ she said.

    The commissioner expressed happiness with the presiding officers, who she said had turned away most of the under aged voters that came for accreditation.

    “We have seen with our eyes and seized seven PVCs from the under aged and five fake party agent cards in some few polling units visited.

    Simbini said it was totally unacceptable to see g under aged carrying PVCs to participate in elections.

    “The children should not take the law into their hands but should wait until they reach the age of 18.

    Commenting on the election, Dr Godwin Kwanga, the state Resident Electoral Commissioner, described the accreditation as “peaceful and orderly.’’

    He appealed to the people of Qua’an Pan to give the INEC officials the necessary cooperation for a successful and credible election.

  • PDP Representatives caucus to AGF: you misled INEC

    PDP Representatives caucus to AGF: you misled INEC

    The Peoples Democratic Party (PDP) Caucus in the House of Representatives yesterday blamed the Minister of Justice and Attorney-General of the Federation (AGF), Abubakar Malami over his comment on the inconclusive governorship election in Kogi State.

    It accused the AGF of misleading the Independent National Electoral Commission (INEC) with his suggestion on how the poll should be concluded.

    The Caucus’ position came on a day the leadership of the PDP asked the electoral umpire to declare its candidate at the election, Governor Idris Wada, as winner of the poll.

    At a press briefing yesterday, the Caucus asked the AGF to withdraw the statement, describing it as an embarrassment as it negated the spirit of the nation’s constitution.

    Malami had said the APC would have to substitute its candidate for the purpose of the supplementary election, citing Section 221 of the Constitution and Section 33 of the Electoral Act.

    Leo Ogor, who doubles as the Caucus leader Minority Leader, said the comment was worrisome because the AGF lacked the capacity to interpret the law.

    He said: “We believe that the comments of the AGF misled the Independent National Electoral Commission (INEC) and the nation in general

    “First, the AGF referred to Section 221 of the 1999 constitution vis-a-vis Section 33 of the Electoral Act, where he directed INEC to go and continue with an election where somebody, with all due respect to the person died in the process.

    “It is important to say clearly that the laws quoted by the AGF have no relationship with various issues that are on ground.

    “Section 221 of the Constitution borders clearly on the modalities and methodologies, through which votes can be canvassed by political parties.

    “Section 33 of the Electoral Act stipulates very clearly that ‘wherein a candidate in an election or primary dies before the process of election, the option is there for the party to substitute that candidate for the election to be held within 14 days’”

    Saying that the scenario has no relationship with the subject matter, Ogor noted that the AGF showed open bias in the subject by making pronouncements beyond his official powers.

    Ogor said the Supreme Court should rather be approached for proper interpretation.

    His words: “The question here is that where you have an AGF carrying on as if he is attorney-general of a political party becomes very worrisome.

    “I believe what the AGF should have done under normal circumstances, because he is an AGF and not an Attorney General of a political party, is to approach the Supreme Court to seek some level of interpretations and necessary steps to take.

    “He acted so much in haste and from nowhere, INEC in less than four hours of the AGF’s speech directed that a candidate should be substituted by APC to replace Prince Audu of blessed memory.

    “I state with all emphasis that, that is almost an impossibility because the hours and time of substitution of primaries have come and gone.

    “It is therefore our strong believe that the best option available to us as a people, and as democrats, with the interest of Nigerians at heart, is to seek clear interpretation and see how we can find our ways out of this logjam.

    “It is important to note that nobody ever envisaged what happened, even though we all know death is inevitable.

    “While we sympathise with the family and the people of Kogi, but unfortunately we have a major situation on our hands and for us to move forward, there is a strong need to caution those in authority, because what the AGF did in this situation was like acting as if has the powers to interpret our laws.

    “He took over the powers of the competent courts of jurisdiction and ended up interpreting laws he has no control over.

    “I believe this is clearly the usurpation of powers of the court.”

    While urging PDP followers to be patient and avoid taking laws into their own hands, Ogor assured that the caucus would approach appropriate authorities to address the situation.

    He said: “We are convinced beyond reasonable doubt that the concept of the ideology of whatever is described as Doctrine of Necessity is not here at this point in time.

    “We refer to Section 181 that stipulates that when election is concluded and the person dies in the process, when the person has been declared, then his deputy is sworn in as the winner of the election.

    “Section 33 of the Electoral Act also emphasized that if the candidate dies before the election, the election will not go on but INEC will take 14 days to carry out an election and the party will substitute the dead candidate.

    “We are mindful of the fact that this process has started and already an action that was going on, the action has not in any way been concluded.

    “So, if the action has not been concluded and the hours of substitution has passed, it is almost impossible for anyone to talk of substitution.

    “The AGF statement was very embarrassing and as a caucus of the PDP, we ask him to withdraw that statement, we are not asking him to resign but he must withdraw it, it is very embarrassing, it negates the office he occupies and against the spirit of the constitution.”

     

     

     

  • PDP to INEC: Declare Wada as winner of Kogi election

    PDP to INEC: Declare Wada as winner of Kogi election

    . . . Seeks APC’s exclusion from supplementary poll

    The national leadership of the Peoples Democratic Party (PDP) has called on the Independent National Electoral Commission (INEC) to declare its candidate, Governor Idris Wada, as the winner of the November 21 governorship election in Kogi State.

    The party is also seeking the exclusion of the All Progressives Congress (APC) from the supplementary election slated for December 5. The INEC had declared the election inconclusive following the cancellation of the poll in 91 units across 18 local government areas in the state.

    The party’s position was contained in a communiqué issued at the end of its national caucus meeting held in Abuja Wednesday night.

    The communiqué, signed by the National Publicity Secretary of the PDP, Chief Olisa Metuh, insisted that with the death of the APC’s candidate, Prince Abubakar Audu , during the election, the APC has legally “crashed out” of the race.

    Audu had died on Sunday, while the results of the election were still being collated. He had won in 16 out of the 21 local government areas in the state and leading the PDP candidate with over 41,000 votes.

    The INEC has declared the election inconclusive, citing irregularities and violence that led to the cancellation of the election in 91 polling units across 18 LGAs.

    The electoral body had declared the election inconclusive and offered to conduct supplementary election in units where the election was cancelled. It had also given the APC a window to field a substitute candidate for the supplementary poll.

    But the PDP condemned the INEC’s position, saying no known law or constitutional provision allowed the substituting of candidates, once the ballot process has commenced. The party has threatened to challenge INEC’s decision in court.

    “The PDP completely rejects the decision of INEC in yielding to the unlawful prompting of a clearly partisan Attorney General of the Federation (AGF), Mallam Abubakar Malami, to allow APC to substitute a candidate in the middle of an election, even when such has no place in the Constitution and the Electoral Act.

    “With the unfortunate death of Prince Abubakar Audu, the APC has no valid candidate in the election, leaving INEC with no other lawful option than to declare the PDP candidate, Capt. Idris Wada, as the winner of the election,” the communiqué said.

  • Taraba group blames INEC, Atiku for Ishaku’s sack

    Taraba group blames INEC, Atiku for Ishaku’s sack

    The Taraba Mandate Group (TMG) yesterday accused the Independent National Electoral Commission (INEC) of conspiring with the ruling All Progressives Congress (APC) in the governorship tribunal judgment which sacked Darius Ishaku and handed the governorship to his opponent Aisha Alhassan.

    The group’s Coordinator Gani Bako also at a press conference accused former Vice President Abubakar Atiku of pulling strings behind the scene.

    Bako said: “INEC compounded the matter; it is now clear that rather than be an impartial umpire that it was designed to be, INEC is becoming part of the crisis of democracy in Nigeria.

    “In many cases, INEC is just an appendage of the ruling APC and essentially works to promote the party by meddling. And no better example exists of INEC’s meddlesomeness like Taraba State where the commission is now for the highest bidder.

    “Clearly, INEC in Taraba is working for Sen. Aisha Alhassan of the APC. And we have it on good authority that the commission takes its orders from former Vice President, Atiku Abubakar, whose new year’s resolution for 2016 is to visit Taraba Government House when Aisha is sitting there as governor, not through the Peoples votes but by INEC’s magic.”

    The group added that “INEC has continued to sing a dirge for democracy. The commission has said it is not aware of any primaries in Taraba’s PDP. Well, that is hardly our concern.

    “The constitution is clear: INEC may or may not witness primaries. But dancing Tango with INEC, the tribunal which could not fault the election that produced Darius as governor, accepted the commission’s position and awarded the governorship to Aisha Alhassan even when the law forbids it.

    “Even if Darius did not emerge through proper primaries, the harshest penalty would be to conduct a fresh election.

    “Our position is that INEC is fast becoming partisan. Was INEC present when Aisha grabbed her party’s nomination? From findings, Aisha did not even go through any primaries. Yet INEC did not care.

    “Was INEC not aware that the Benue State Governor, Samuel Ortom, said he did not even participate in a primary election? Yet, is he not still a governor. Or is it because he belongs to INEC’s beloved party, the APC?  What about the verdict on Yobe and Benue election where the appeal court ruled that primaries are strictly pre-election matters.

    “INEC has clearly lost its hallow. This is no longer the neutral commission funded to be independent.”

  • Kogi: SANs disagree on INEC’s stand

    Kogi: SANs disagree on INEC’s stand

    The decision of Independent National Electoral Commission (INEC) to go ahead with a supplementary poll to decide the next governor of Kogi State despite the demise of All Progressives Congress (APC), Prince Abubakar Audu yesterday elicited divergent views from senior laywers. BISI ONANUGA, JOSEPH JIBUEZE and PRECIOUS IGBONWELUNDU  capture the views of senior advocates Prof Itsey Sagay, Prof. Gabriel Olawoyin, Mike Ozekhome and Olurotimi Akeredolu. 

    Senior Advocates of Nigeria (SANs) yesterday held divergent views after the Independent National Electoral (INEC) asked the All Progressives Congress (APC) to replace the late Prince Abubakar Audu with another candidate of its choice in order to conclude the supplementary election.

    In statement by the Secretary to the Commission, Mrs. Augusta C. Ogakwu, INEC announced December 5 as the date for the supplementary election.

    But INEC’s decision, allowing APC to fill the vacuum created by Prince Audu’s death generated controversy among laywers.

    Two SANs – Prof Gabriel Olawoyin and Mike Ozekhome disagreed with the electoral umpire. But the trio of Prof Itsay Sagay, Rotimi Akeredolu and Mahmoud Magaji – all senior advocates – backed INEC.

    Prof Olawoyin said INEC’s statement would give rise to a lot of controversies because the legal issues were so complex and cannot be so easily resolved.

    His words: “It is a constitutional matter and the best option would have been to take it to court in line with Section 295 of the Constitution for the court to arrive at a decision.

    “I’d have preferred a situation in which the matter is referred to court for resolution of the legal logjam. The legal arguments on both sides are very strong and should have been subjected to judicial interpretation.”

    Ozekhome, who agreed the APC has a right to present another candidate faulted INEC’s decision to go ahead with the supplementary election.

    “The reason is that my good friend Prince Audu died before he was confirmed governor, which means the mandate had not been given. If he had died after he was confirmed governor, the provision of Section 181 (1) and (2) would have played out,” Ozekhome said.

    According to him, the scenario was neither the same as contemplated by Section 181, nor was it similar to the Adamawa case after Atiku Abubakar had to be replaced with his running mate, Boni Haruna.

    He said: “What ought to happen in this case should be the conduct of a fresh election between Idris Wada and a new candidate from the APC, but not a supplementary election.”

    A supplementary poll, he said, became null and void with Audu’s death as he was to partake in it.

    His words: “The problem APC may run into, and they have to be very careful, is that they would have to contend with the provisions of Section 179 (2) of the Constitution, as well as sections 31, 33, 53 (2) (3), 85 (1), 87 (1) and 141 of the Electoral Act, all of which show that the candidate they put forward must have passed through the various stages including emerging from valid primaries.

    “That is where I believe their best option is to go into the pool of those who contested the primaries and lost to Audu and pick a candidate from there to face Wada, as such a person would have gone through various electoral stages.

    “If they pick Falake, I can see the PDP challenging them in court that it has not fulfilled Section 85, 87 and 141 of the Electoral Act,” he said.

    Professor of Law, Itsey Sagay, yesterday hailed the decision of the Independent National Electoral Commission (INEC)  to proceed with the governorship election in Kogi State which the umpired declared inconclusive on Sunday.

    He said such step remains the only logical solution to the confusion created by the death of the All Progressives Congress (APC) candidate, Abubakar Audu, who scored 240, 867 votes to lead incumbent Governor Idris Wada of the Peoples Democratic Party (PDP), who polled 199, 514.

    Prof Sagay pitched tent with those suggesting that Audu’s running mate, James Faleke, should step in to carry the party’s flag at the supplementary election.

    He said: “With the passing away of Abubakar Audu, the only logical and solution closest to the law on ground now is to allow his running mate to step into his shoes for the supplementary election.

    “We already have that in the constitution with regards to somebody who has won an election but died and is unable to assume office for any reason.”

    Giving explanation on constitutional provisions on the matter, Sagay referred to Section 181 (1) of the Constitution which states that “where there is a governorship election and the victorious candidate dies before he is sworn in, his deputy or running mate shall be sworn in as governor.”

    “In this case, there is nobody elected as governor. But the election has been held, leaving only supplementary election to be done and the candidate of one of the political parties died, by analogy, I think that provision in Section 181 (1 ) shall apply so that the deputy governorship candidate should now be regarded as the governorship candidate for the purposes of the supplementary election.”

    Akeredolu, who was a former Nigerian Bar Association (NBA) President, said INEC’s decision was in line with the law.

    He said: “INEC took the right decision. This cannot be faulted having regards to the state of the law. “The commission has taken the position that the death of the candidate can be likened to the death of a candidate before the commencement of the election. The death in this instance occurred before the election was concluded.

    “The election remains inconclusive and the APC has the right in law to produce a replacement. I expressed this opinion from the onset. The decision of INEC is in line with my position.”

    Magaji said INEC cannot be faulted. “The provision of Section 178 (3) of the Constitution is very clear that where a candidate nominated for an election is incapable of contesting the election, a political party shall be given an opportunity to present another candidate.

    “This is what has happened in this case. Section 33 of the Electoral Act says they can present another candidate to replace Audu, so INEC is within the law.”

     

     

  • PDP asks AGF, INEC chairman to resign over Kogi poll

    PDP asks AGF, INEC chairman to resign over Kogi poll

    The Peoples Democratic Party (PDP) has asked the Attorney General of the Federation (AGF), Mallam Abubakar Malami and the chairman of the Independent National Electoral Commission (INEC), Prof. Mahmud Yakubu, to resign their positions.

    According to the party, Malami misled the INEC into arriving at an “unconstitutional decision” to allow the All Progressives Congress (APC) to substitute its candidate in the inconclusive Kogi State governorship election.

    Briefing journalists in Abuja on Tuesday, PDP’s National Publicity Secretary, Chief Olisa Metuh, said the party was shocked that INEC, a supposedly independent electoral umpire could succumb to the antics of the APC by following the “unlawful directive” of an obviously partisan AGF to substitute a candidate in the middle of the ballot process.

    Metuh said, “We are all aware that the two legal documents guiding INEC in the conduct of elections; the Constitution and the Electoral Act, have provisions for electoral exigencies as well as empower the electoral body to fully take responsibility for any of its actions or inactions without undue interference from any quarters whatsoever.

    “We are therefore at a loss as to which sections of these two relevant laws, INEC and the AGF relied on in arriving at their bizarre decision to substitute a dead candidate in an on-going election even after the timelines for such has elapsed under all the rules.

    “INEC as a statutory body has the full complements of technical hands in its legal department to advice it appropriately and we wonder why it had to wait for directives from the AGF, an external party, if not for partisan and subjective interest.

    “Consequently, the PDP rejects in its entirety, this brazen move by the APC and INEC to circumvent the laws and ambush the yet-to-be concluded election by introducing a practice that is completely alien to the constitution and the electoral act.

    “The clear implication of this action of the AGF and INEC is that the APC would be fielding two different governorship candidates in the ongoing Kogi election, meaning that INEC would be transferring votes cast for late Prince Abubakar Audu to another candidate, scenarios that have no place in the constitution of the land.

    “Whereas the PDP, in honour of the sanctity of human life and respect for the dead, had since Sunday refrained from making comments on the conduct of the election, we can no longer maintain such in the face of the barefaced attack on our democracy.

    “This INEC under the leadership of Prof. Mahmood Yakubu has shown itself as partisan, morally bankrupt and obviously incapable of conducting a credible election within our laws.

    “In view of the foregoing therefore, the PDP demands an immediate resignation of the INEC Chairman, as the nation’s democracy cannot afford to be left in the hands of an electoral umpire that cannot exert its independence and the sanctity of the electoral process.”

    As a result of the development, the party has summoned an emergency national caucus meeting for Wednesday, to enable it take a decision on what it described as “threat to democracy.”

     

     

     

  • Kogi: Sagay hails INEC decision

    Kogi: Sagay hails INEC decision

    Professor of law, Itsey Sagay has said that the decision of the Independent National Electoral Commission (INEC) ‎to proceed with the governorship election in Kogi state is the only logical solution to the confusion created by the death of the All Progressives Congress (APC), Abubakar Audu.

    Reacting to Tuesday’s decision of INEC to hold supplementary election in the state on December 5, Sagay agreed with the school of thought that Audu’s running should step in to carry the flag of the party for the supplementary election.

    Said Sagay;  “‎with the passing away of Abubakar Audu, the only logical and solution closest to the law on ground now is to allow his running mate to step into his shoes for the supplementary election.

    “We already have that in the constitution with regards to somebody who has won an election but died and is unable to assume office for any reason.”

    Giving explanation on constitutional provisions on the matter, Sagay referred to section 181 (1) of the constitution which he said stated that “where there is a governorship election and the victorious candidate dies before he is sworn in, his deputy or running mate shall be sworn in as governor. But in this case there is nobody elected as governor but the election has been held, leaving only supplementary election to be done and the candidate of one of the political parties died, by analogy, I think that provision in Section 181(1 )shall apply so that the deputy governorship candidate should now be regarded as the governorship candidate for the purposes of the supplementary election,”he stated.

  • INEC asks Kogi APC to pick new candidate

    INEC asks Kogi APC to pick new candidate

    • Announces date for supplementary election

    The Independent National Electoral (INEC) Tuesday asked the All Progressives Congress (APC) to pick a new candidate as replacement for late Prince Abubakar Audu in order to continue with supplementary election.

    It would be recalled that Audu died just as INEC was collating the results of the November 21 election, in which he was leading.

    In a statement signed by the secretary to the commission, Augusta Ogakwu, on Tuesday, INEC announced it would allow the conclusion of the election process by conducting supplementary elections in the remaining 91 polling units where elections were cancelled.

    The supplementary election will hold December 5, INEC announced.

    [news_in_pics style=”2″ display=”tag” tag=”INEC” count=”7″ show_more=”on” show_more_type=”link”]

  • APC: INEC erred on Kogi

    APC: INEC erred on Kogi

    ‘How Audu died

    on election day’

    Buhari, Tinubu, others pay tributes

    Independent National Electoral Commission (INEC) chiefs were yesterday meeting on the Kogi State governorship election, which was declared inconclusive —a decision rejected by legal experts.

    The commission will take a stand on the exercise today, a source told The Nation.

    But the All Progressives Congress (APC), whose candidate Abubakar Audu was leading, yesterday opted for legal advice on its delayed victory. Audu died on Saturday after casting his vote.

    The party may write INEC on its position within the next 48 to 72 hours, according to sources.

    The APC is said to be of the opinion that it ought to have been declared the winner of the election.

    A team of lawyers was last night going through the 1999 Constitution, the Electoral Act and Guidelines for the 2015 General Elections ahead of the presentation of the party’s position.

    A source in the party, who spoke in confidence, said: “Our party is of the opinion that the Returning Officer, Prof. Emmanuel Kucha, erred by not declaring its candidate, Prince Abubakar Audu, the winner of Saturday poll.

    ”We have assembled a team of senior lawyers to advise the party on the way forward. They have been meeting since some of our leaders returned from Kogi State on the way forward.

    “Our preliminary findings revealed that although Kucha said there are 49,953 registered voters in 91 polling units, those actually eligible to vote with Permanent Voter Cards are actually 25,000.

    “We think that Kucha, being an academic, was not well-guided by the National Electoral Commissioner in charge of Kogi governorship poll, Mrs. Amina Zakari, and the State Resident Electoral Commissioner.”

    It was gathered that the APC based its argument on the provision of Section 179 of the 1999 Constitution.

    Section 179 says: “A candidate for an election to the office of Governor of a State shall be deemed to have been duly elected to such office where, being the only candidate nominated for the election – (a) he has a majority of YES votes over NO votes cast at the election; and  (b) he has not less than one-quarter of the votes cast at the election in each of at least two-thirds of all the local government areas in the State, but where the only candidate fails to be elected in accordance with this subsection, then there shall be fresh nominations,

    “A candidate for an election to the office of Governor of a state shall be deemed to have been duly elected where, there being two or more candidates; (a) he has the highest of votes cast at the election; and (b) he has not less than one-quarter of all votes cast in each of at least two-thirds of all the local government areas in the State.

    “In default of a candidate duly elected in accordance with subsection (2) of this section, there shall be a second election in accordance with subsection (4) of this section at which the only candidate shall be- (a) the candidate who secured the highest number of votes cast at the election and (b) one among the remaining candidates who secured a majority of votes in the highest number of local government areas in the State, so however that where there are more than one candidate with a majority of votes in the highest number of local government areas, the candidate among them with the next highest total of votes cast at the election shall be second candidate.”

    A senior party official said: “We believe that the constitution supersedes any guidelines by INEC or even the Electoral Act 2010 (as amended).

    “We are going to write the electoral commission within the next 48 to 72 hours on our position.”