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Tag: Inec

  • ‘Why INEC can’t cancel Akwa Ibom poll, by governor’s aide

    ‘Why INEC can’t cancel Akwa Ibom poll, by governor’s aide

    Akwa Ibom State Commssioner for Information Aniekan Umana told reporters in Lagos that the call for the cancellation of the governorship poll was unwanted because it was not marred by violence.

    WHAT is your take on the alleged violence and ballot box snatching during the  Akwa Ibom State governorship election?

    The noise about Akwa Ibom election is based on falsehood. The position of the African Union (AU) monitoring team is not correct. The domestic observers were the ones who actually went round the villages. They went to every unit and they are Nigerians accredited from every part of the country by INEC. They are not from Akwa Ibom. We didn’t know who they were, but they were seen at the polling units because I remember they were moving round and most of them were moving with the NUJ in their buses, moving with media in most places they visited. But, also, I think the AU team talks of reported cases of violence, so maybe people have filed petitions because it may not be as a result of what was witnessed by them. Clearly that does not hold water and I think nobody should run with that impression. The most important thing is that elections have been conducted and won and like I said earlier, if the election was conducted 10 times, every week, the PDP will win 10 times in Akwa Ibom because there is a foundation of performance; there is foundation of inclusiveness. Forget about one or two people who are saying they are elders and are making noise, addressing press conferences here and there. If you see those undertakers, these are people who worked with the same government; these are people who earned very big contracts they did not execute.

    Is the governor-elect capable of steering Akwa Ibom State out of trouble waters after Akpabio?

    He has the qualities. You must also understand that even in cooperate governance, for you to rise to an executive director of an organization like Zenith Bank and be on the board of IFC, and on the board of Zenith UK, Gambia, Sierra-Leone and all of that, you must understand that the quality is not small. It may not be as big as the politics of the state, but you see, it is essentially the same thing; it is power game. Power is power, no matter the colouration; power is power, even in church. So, even in the family, the struggle for the control of resources and the allocation of resources, that is power. So, that is why it is concentric conspiracy for the control of the means of livelihood and distribution of resources. So, Udom has that capacity in his corporate endeavour and when he came in as Secretary to Government, he also showed capacity and ability to run the government. In fact, it was one of the reasons why the decisions to support him was not difficult. You could see that he is firm and fair-minded, that I can say from stand-point of knowledge. He set in a process when he was Secretary to Government that changed a lot of things. And when we left for primary, it was not difficult to get support no matter what anybody says. Over 1,300 delegates went for the primary election, about 500 were statutory delegates. Even if you say the other ones were adhoc delegates, the statutory delegates are delegates who anyone could have worked on to get support. If you now get over 1,200 of the total votes, it just shows that you have support no matter how you want to look at it.

    The former governor, Obong Victor  Attah, told journalists that, when he went to his polling unit to vote, the NYSC member told him that there were no voting materials.

    That is his opinion. At his level and position, he should be able to call INEC and ask them that question because the materials belong to the INEC. If assuming you get to a place and there is no voting, it is not even a matter for the pres. The first thing is to pull your phone and call the Electoral Officer  and ask him that question and based on the answer he or she gives you know what to say. And then the electoral officer should be able to tell you whether he has released materials for the unit and should tell you the supervising presiding officer. So it is neither here nor there because anybody could say that, because he was part of the conspiracy for disruption. They say they are members of board of trustees of the PDP, but then, they were supporting Umana and they were working for APC along with Don Etiebet, General Akpan.

    Now, the APC is calling for the cancellation of the election, what it means is that they will go to the Tribunal, do you expect any threat?

    I said it earlier, it is poverty of knowledge, and it is display of illiteracy because how can you call for cancellation, cancellation of what? If election has been held, you cannot call for cancellation of election. If you have any issue, you go and petition at the Tribunal. As for that, we are not bothered about the Tribunal, it is a known process, it is a rule that we know it is constitutional. So everybody knows that from the beginning. If there are complaints, people will go to the Tribunal. Afterall, there was a particular one who never came for the primary, he didn’t contest election, but he stayed in court for four years up to Supreme Court, what is this man’s name? Frank Okon. He didn’t even come to the primaries. If you read the judgment, the Supreme Court said he must have been a spirit for him not to be in primaries and he scored the highest number of votes. The court said you must be a spirit.

    It means if the matters get to the Tribunal, there is no cause for alarm?

    No, no, we are not worried at all; there is no cause for alarm. We would defeat them roundly whether at the Tribunal or anywhere whatsoever. The matter would die at Tribunal level because they can’t even go further because they are the ones who don’t have any issue. You can put the election 10 times from today in Akwa-Ibom, we would win 10 times. As I said earlier, there is a condition, there is a background, the performance of PDP government under Governor Akpabio has called for a kind of support that we have seen, so we don’t have any problem. Even in the Presidential Election, we supported President Jonathan head to toe , and we have no regret whatsoever. We took it to the very last point, we also delivered as promised.

     

    What about post-election relationship?

    I don’t see any problem, everything on earth depends on doing the right thing. Once you do the right thing, you would not have problems, once there is mutual respect, you would not have problems and you know the disposition of Governor Akpabio, he is very friendly, he has large heart, he is somebody who doesn’t want to see anybody in pains. The in-coming governor is also a very detailed, he is somebody with very great depth, he is somebody with very great humility, and very respective. So we even used to call him Mr. Respect in the state, we call him Mr. Humility and he is coming with major idea of creating a major economic hub in the state. He is looking forward to creating economic partnership. He is looking at furthering industrialization idea and so on. His business really is to take the state off the infrastructural base that it is now and position as an economic hub, and that is what he is looking at. And one of the major things for all is the

    deep sea port. As we have achieved the road infrastructure to a very great extent, we have achieved the aviation infrastructure to a very great extent, what is left is for us to also become a Lagos as a maritime corridor which is the focus. The idea is there, there is a lot of international investors, once we get the Federal Government’s approval and it is sorted out at the Federal Executive Council level and the Maritime corridor is opened, the businesses  would naturally flow and it would also help Nigeria in terms of shipment and trans- shipment and all that.

     

    This Deep Sea Port, the opposition is claiming that your administration spent a lot of money on it and there is nothing on ground to show for it. What is your reaction to that?

    Again, it is  poverty of knowledge. Developing a Deep Sea is not like going to build a guest house or building a school. It is a process. Don’t also forget, it is not within the purview of the state. It is also within the exclusive purview of the federal government so they must give the necessary approval. The starting point is that we needed to get the necessary approval and we have gotten that. We even have the Free Zone licence because the whole area is mapped out as Industrial City. Now we have to do the acquisition, which has been done, over 14, 900 hectares. Even the Nigerian Ports Authority came as partners and they have acquired 5,000 hectares within there because port management is not something that can be done alone. Every port belongs to the federal authority. They can concession it or also allow private interests to run it depending on what they want. We have also gone through the design, we now went through the Open Business Case (OPC).

     

    We have now taken it to the FEC just as they approved the Lekki Free Trade Zone.

    The opposition also alleges that the outgoing governor is maternally related to the incoming governor, how true is that claim?

    The governor of Akwa Ibom state is from Essien Udim local government. His late mother also hails from Essien Udim local government. The governor-elect is from Eket Senatorial district and is from  Onna local government. His late mother also hails from that place. There is no relationship whatsoever. In fact before Udom became the Secretary to the State Governmemt, the current governor never knew his house. They just met at the airport in 2013 and the governor asked him ‘Will you want to work with me as SSG?’ That doesn’t mean there was no cordial relationship between them as senior citizens of the state but it was not to the extent of being maternally related as the opposition are claiming. For those claiming Umana discovered Udom, that was totally false. Umana never knew Emmanuel not to talk of discovering him.

     

     

    What happened between the governor and Senator Effiong Bob? Could you shed more light on that?

    Senator Effiong Bob is one person who made it very clear from day one that he will not leave the PDP for anybody. And he said he has been councilor, local government chairman, House of Assembly member as Deputy Speaker, Commissioner, Senator on the platform of the PDP and all through that he cannot and will not abandon the party. In fact during the Town Hall meeting that produced the consensus for Eket Senatorial District, Effiong Bob came to his federal constituency and he made a statement that anybody who calls himself a politician who is not there is not worth the name, because you must be here to join in this discussion about your future.  And I was told he was addressing Umana becase they expected him to have been there so that if he has any issue, he should raise it there. So, Effiong Bob is a solid and grounded politician with an ideology. He clearly believes in what he believes in and he stood by it. He felt Umana did not behave well by leaving

    the PDP that groomed him from the beginning. You don’t break your house because you have issues but rather you have to sit down and consolidate and build your house.

     

    Your party, PDP by May 29 will be in opposition to the APC at the federal level. How do you want to relate with the ruling party at the centre?

    We are running a federation and states are federating units. So, there is no government that totally depends on another. It is only this monthly congregation in Abuja that really brings them together. Otherwise, you can actually decide to run your affairs but it does not stop on a mutual basis. So, the government of Akwa Ibom will relate well with the centre. It is all about mutual respect. The president-elect will be sworn in as president. We will respect him and his office and we will also expect the same from the ruling party. However, one thing I can say is that nobody can ignore the South South because this country is kept especially by the South South. This country must be fed and the food actually comes from that food basket. The South- South will continue to play its role and the South- East will also continue to play its role and it is important for true federalism to begin to take its roots in this country because when that happens , it becomes

    possible for you to run a government in your own way and develop it to suit your people against this monthly congregation.

    With a senator in the caliber of Godswill Akpabio and the caliber of Senators that we are sending to Abuja, and the caliber of national assembly members, we expect a very, very strong relationship for Akwa Ibom at the centre and at the state level. With someone like Akpabio in the Senate, whether the party at the centre is different from PDP, he will use his own prowess and political knowledge to ensure that what is good for Akwa Ibom comes to the state. The second senator, Nelson Effiong was a former speaker of the Akwa Ibom state assembly. He brings this to bear in legislatve business and of course, the third senator,  Bassey Akpan was a commissioner for finance and governorship aspirant. So, these are the kind of senators we are presenting and of course, the array of members that are going to the National Assembly will form stronger relationship, representation and stronger ties for the state.

     

  • Lagos: INEC to blame for delay in council polls

    The Lagos State government has said the Independent National Electoral Commission (INEC) is responsible for its inability to conduct local government elections.

    Commissioner for Local Government and Chieftaincy Affairs Ademorin Kuye said it is still impossible for the government to state when the elections will hold as INEC was yet to make the voters register available.

    Kuye said: “I cannot say when the elections will be conducted. There is no way the electoral commission can conduct any election without having the appropriate voters register. And this register is still in INEC’s custody.

    “It has not been released to the state. The moment it is released to the  government, then we can start planning on when the elections will be held.

    The commissioner blamed the recent loss of the All Progressives Congress (APC) to the opposition in some local governments to money and ethnic politics, saying the performance of the council executives has nothing to do with the loss.

    “The allegation that lack of performance led to the APC losing five House of Representatives and eight House of Assembly seats is not true.

    “This was because the last election was dictated and influenced by money politics.

    President Goodluck Jonathan was in Lagos several times abandoning his office in Abuja.

    “Another factor was ethnicity. One will notice that in the area where the APC lost, they were areas dominated by certain tribes.

    The commissioner said the boundary and land dispute involving the Onilogbo of Ilogbo-Eremi in Olorunda Local Council Development Area in Badagry Division was resolved by the ministry.

    He also said boundary dispute between Agege, Ikeja and Orile local governments was also resolved.

  • Law supports impunity

    Law supports impunity

    That is the long and short of the INEC stand on the Rivers governorship and state legislature polls, despite observers’ verdict that both were charades  

    Legality aids travesty to trump electoral sanity. That is a fair summary of the April 11 electoral debacle in Rivers State.

    Yet, in spite of all we know, the Independent National Electoral Commission (INEC), cites the law to say the elections were sane; or, in any case, it is legally taboo to pronounce them otherwise, without a court’s say-so.

    On Rivers, Prof. Attahiru Jega, the INEC chair, declared: “There is no evidence the elections in Rivers were flawed. Although allegations have been made, there is no evidence to prove those allegations.”

    Kayode Idowu, chief press secretary to the INEC chairman, also weighed in: “The law does not allow us to cancel any result, after it has been announced. Everyone knows this. It is only the election petition tribunals that can order that or even cancel the elections. We would advise anyone who is aggrieved to go to court.”

    And if the courts somewhat rubber-stamp an electoral heist? Too bad for the victims!

    Or more correctly: too bad for the democratic system — for the more electoral crimes that escape sanction, the more weakened the system is, the less potent Nigeria’s democracy becomes.

    The logical result of that would be underdevelopment and poverty. Now, if the best democracy could produce is structured underdevelopment, then there is fire in the roof!

    Still, our grouse is less the legalistic position the Jega INEC has taken. As far as the extant law goes, they are fully covered. In any case, it is trite to tell aggrieved parties to seek redress at the tribunals.

    It is rather, the crass institutional insensitivity that comes from the INEC stand. It suggests that no matter how bad electoral brigandage was, the moment it is beatified by the resident electoral commissioner (REC), it becomes as immaculate as snow! That is the legalistic folly, with all due respect to the immaculate INEC chair, in the Jega declaration on the Rivers polls.

    Almost to the last group, all the electoral monitors, foreign and local, returned damning reports on Rivers, with Akwa Ibom. An integral part of these unenviable reports was the alleged compromise of the RECs in these two states. To think the reports of these same RECs would be final in the INEC court of artificial legality, just underscores the ludicrousness of the present Electoral Law; and calls for its fast re-tinkering.

    The European Union Election Observer Mission (EOM), Independent Election Monitoring Group (IEMG), the Stakeholder Democratic Network (SDN), among others, were near-unanimous that the governorship and state assembly polls in Rivers (and even the presidential and National Assembly polls there on March 28) were grim travesties, that not only nailed, to the cross, the electoral system but also claimed innocent lives, aside from wanton arson.

    For starters, in INEC’s own preliminary report on the April 11 elections, it listed 66 reported cases of alleged violence and other electoral crimes, Rivers was top on the list, viz: Rivers (16 cases), Ondo (8), Akwa Ibom (5), Bayelsa (4), Lagos and Kaduna (3 each), Jigawa, Enugu, Ekiti and Osun (2 each), Katsina, Plateau, Kogi, Abia, Imo, Kano and Ogun (1 each).

    In its preliminary statement, released on April 13, EU EOM gave this verdict: “EU EOM did not find any evidence of systematic manipulation of results. However, the available presidential results from Rivers State include highly implausible data, such as zero rejected (invalid) ballots out of 25, 174 ballots cast in Omuma local government area (LGA), no difference between the number of accredited registrants and the number who actually voted in Emohua and Ogu/Bolo LGAs, and a 98% turnout in Emohua LGA. Such questionable data warrants further investigation, however following INEC’s dispatch of three National Commissioners to Rivers for some hours, the results were accepted by INEC and announced.”  This is suggestive of an INEC rushing to decision without carrying out a thorough investigation.

    If the EU EOM report appears restrained, even if still statistically damning, the IEMG interim report gave vent to the sheer horror that the elections were. Said a part of the report: “The mini-war situation in Rivers State, in the name of electoral process, is most troubling and must not be allowed to continue. This denied voters the expression of their will. What was observed in the state cannot be said in any reasonable manner to be a near-triumph to democracy, or an improvement on what this INEC has set out to do with the electoral process in Nigeria. It is rather a coup d’etat against the will of the voting public in the state.”

    The IEMG report also proceeded to name individuals who allegedly had subverted the electoral process. “Contrary to the guideline by the Inspector-General of Police that police officials should stay away from their political masters during the election, Dr. Tamuno Danagogo, Minister of Sports, was seen in his Abonnema, Akuku Toru LGA, in company with security agents, as he moved around the town.”

    And specific infractions and where: “INEC electoral materials in Akuku Toru Wards 15, 16 and 17 were hijacked at gun point. The attackers were led by two notorious cultists who were identified as Hope Dan Opusungi and kenneth Dan Opusungi. Having seized the materials, the armed men barred polling agents of other political parties from escorting the materials to the distribution centre.”

    Another report, by SDN, crawled with instances demonstrating the Rivers election as the “most extensively disrupted”, and showcasing the illicit and overbearing control of polling units, with electoral officials and even security agents in dread of alleged PDP armed thugs, ballot boxes and election materials snatched at gun point, the relative lack of confidence in the electoral system by the hard pressed All Progressives Congress (APC), manufactured votes for parties not on the ballot paper after reckless thumb-printing, the wilful shunning of card readers to aid election rigging, and a specific case in Obio Akpor LGA in Port Harcourt, “which did not see materials released from the ward centre till close to 2 pm yet still reported a 96% voter turnout”!  The caveat here though is that the delay was caused by protesting APC partisans over the non-availability of result sheets, who insisted no election would hold without that document.

    These then are damning allegations. Should a mere REC report blot out all these alleged crimes? That is the ludicrousness of the present INEC stand. Though it is constrained by law not to interfere, the law should adopt a more prevention-is-better-than-cure principle if only to prevent the needless waste of lives, by the perverse collusion of RECs and rogue security agencies, as it was the case with Rivers.

    It is unfair to push to the judiciary electoral cases that should have been averted, by everyone sticking to the law. The election institutions at every level must be immune to human manipulation, so that resort to judiciary is almost unnecessary. That is the direction the Electoral Law should go. For now however, the judiciary must rise to the challenge; and ensure every proven case of electoral criminality earns a harsh sanction. It is absolutely unacceptable that crass legalism should aid electoral travesty.

  • New INEC team for Imo rerun

    New INEC team for Imo rerun

    Ahead of Saturday’s governorship rerun in Imo State, the Independent National Electoral Commission (INEC) has deployed three National Electoral Commissioners (NEC) and three Resident Electoral Commissioners (REC) to supervise the election.

    Resident Electoral Commissioner (REC) Gabriel Ada said the delegation was sent to strengthen the capacity in the state.

    He said more INEC workers would be used for the rerun instead of ad hoc workers.

    Ada also put the number of Permanent Voter Cards (PVCs) distributed in areas billed for the rerun at 113,803.

    Meanwhile, The Nation reliably gathered that the Edo State REC, Mike Igini, would be leading two other RECs for the rerun.

  • Aba residents praise INEC

    Aba residents praise INEC

    Residents of Aba, the commercial hub of Abia State have commended the efforts of the Independent National Electoral Commission (INEC) for holding what they described as improved election in Aba and its environs.

    They also condemned the invasion of some polling units by yet-to-be identified hoodlums to snatch ballot boxes, result sheets and other sensitive materials.

    Recall that a chairman of local government Transitional Committee Chairman in one of the local governments in the state was reported to have been arrested by a combined team of security operatives after it was discovered that in one of the cars in his convoy were some INEC sensitive materials.

    But our correspondent who monitored the election and later went round the city to feel the pulse of the people reports that unlike what obtained in the past, residents of the city have become politically conscious hence the increase in their awareness and unprecedented participation in the 2015 electoral process.

    According to a cross section of the residents that spoke to our reporter, the introduction of the electronic card reader was the best thing that happened in the 2015 general elections which helped in reducing rigging by various political parties.

    While narrating why she brought her results late on April 12 (Sunday), one of the corps members that served at Ohabiam Secondary School said she was helped to escape through the school fence when some hoodlums attacked her polling centre while they (hoodlums) made their way into the arena to snatch the ballot box.

    In an interview with our correspondent, Mr. Chiemela Okeugo corroborated accounts of ballot snatching in some voting units by some hoodlums, blaming some of the INEC adhoc staff for “compromising”.

    Okeugo, who also observed lack of adequate training on the use of the card reader machines among the adhoc, stressed that it was part of the reasons there was massive failure of the card reader machines during the presidential and National Assembly polls.

    He, however, called for the continued use of the card reader machine in subsequent elections, adding that training and re-training of staff on the operations of the card reader machine should be embarked upon ahead of the 2019 polls.

    He advised those that lost out in the elections to go back and analyse why they lost out in order to make amendment and re-strategise ahead of the 2019 and subsequent general elections.

    He urged those elected to represent the people to see their victory and election as call to serve the people of their constituencies, senatorial districts, the state and country at large. He was quick to remind the elected representatives that the people would, at the return of electioneering period, use their voting power to vote them out of office as was the case in the state at the just-concluded polls of March 28 and April 11.

  • APC accuses INEC of contempt of court

    APC accuses INEC of contempt of court

    The All Progressives Congress (APC) in Ondo State has accused the Independent National Electoral Commission (INEC) of contempt of court.

    This followed the declaration of the results of the inconclusive Ilaje 1 and II elections, which was won by the Peoples Democratic Party (PDP).

    In a statement by the Secretary, APC Media Committee, Charles Titiloye, the party described INEC’s action as a despicable act of lawlessness and disrespect of court processes.

    The APC filed a suit on April 17, seeking a declaration that INEC conducts supplementary elections into Ilaje I and II, having declared the election on April 11 inconclusive.

    The statement reads: “In other states where the elections were declared inconclusive, supplementary elections were held but in Ondo, INEC became so partisan that it “celebrated” the elections fraught with fraud, violence and hijacking of ballot boxes.

    “By this act, INEC has fallen below constitutional standard, dancing to the tune of a party in the elections it has declared inconclusive. It went ahead to declare winners from the inconclusive elections without holding a supplementary election.

    “We call on INEC Chairman Prof.Attahiru Jega to investigate the controversial ‘change of mind’ and defer presentation of Certificates of Return to winners, until the case is decided.”

  • Arrested INEC officials working for PDP, alleges APC

    Arrested INEC officials working for PDP, alleges APC

    The Imo State chapter of the All Progressives Congress (APC) yesterday alleged that the 16 officials of the Independent National Electoral Commission (INEC), arrested by men of the Department for State Security (DSS), were writing the result of the rerun election scheduled for April 25 in favour of the Peoples Democratic Party (PDP) .

    The INEC officials were rounded up by the DSS after a tip-off while thump-printing ballot papers in favour of a political party.

    Director General, Rochas Campaign Organisation,  Iheukwumere Alaribe, who briefed reporters, stated that the arrest of the INEC officials confirmed the party’s allegation that the Resident Electoral Commissioner (REC), Dr. Gabriel Ada, was working with the PDP.

    He alleged further that the REC, in collaboration with the PDP, had perfected plans to rig the rerun, adding: “When we raised alarm about the partisan stand of the REC, people thought we were accusing him falsely but the arrest of INEC officials has vindicated us. And we are calling on security operatives to arrest the REC because there is no way the electoral fraud can be perpetrated without his knowledge.”

    He said: “We are alerting security agents and the people about the plan by the PDP to unleash mayhem in the state on the day of the election. We have it on a good note that they have imported militants from the Southsouth to cause crisis. But we cannot be intimidated because we are winning the election.”

    But, the PDP yesterday called for the cancellation of the April 11 for alleged irregularities.

     Chairman of the party Nnamdi Anyaehie  said the party would not boycott the rerun but would employ all legitimate means to seek redress.

  • INEC declares PDP winner in Ilaje

    The Independent National Electoral Commission (INEC) yesterday upheld the verdict of the returning officers for the April 11 House of Assembly elections for Ilaje one and two constituencies, which declared the Peoples Democratic Party (PDP) candidates winners.

    INEC, through the Resident Electoral Commissioner, Segun Agbaje, had earlier declared the election inconclusive based on reports from a returning officer, who said he was forced to declare the result under threat.

    A statement by Agbaje said the commission will declare the PDP candidates- Abayomi Akinruntan (Ilaje 1) and Malachi Coker (Ilaje II)- winners of the election .

    He advised those not satisfied with the outcome of the election to seek redress at the appropriate quarters.

    With this declaration, the PDP has 21 seats and the APC five.

  • INEC, Law and Abia guber election

    INEC, Law and Abia guber election

    SIR: Has a state Collation and Returning Officer the power to cancel election results?  In other words, is there any legal basis for INEC to organize a supplementary governorship election in Abia State on April 25?  The answers to the above questions will determine whether peace will reign in Abia State in the years ahead.

    Section 68(1) of the Electoral Act 2010 (as amended) provides that “The decision of the returning officer in any question arising from or relating to any petition proceeding under the Act, (a) Unmarked ballot paper (b) Rejected ballot papers; and (c) Declaration of scores of candidates and returns of a candidate shall be final subject to review by a tribunal or court in an election petition proceedings under this Act”.  In other words, while a returning officer can declare the scores of candidates in an election, he or she cannot cancel election results. This is the correct import of Section 68(1) of the Electoral Act.

    From the foregoing, it is safe to make the following deductions regarding the April 11, governorship election in Abia State.  The first is that the act of cancelling the election results for Obingwa, Osisioma and Isiala-Ngwa North local governments by the returning officer for the Abia State governorship election, Prof Benjamin Ozumba, including the subsequent re-instating of the earlier cancelled results, remain null and void because the said acts do not have any legal backing.  One cannot put something on nothing and expect it to hold water.  The statements by Prof. Ozumba cancelling or re-instating the election results in the three local governments at issue here were mere opinions not recognised by the Electoral Act or the 1999 constitution ( as amended).

    Flowing from the propositions above, it could be safely said that INEC’s plan to organize a supplementary governorship election in Abia State on April 25 will remain a useless or meaningless exercise because it does not have any legal or constitutional backing or basis.  Since there is no law that empowered Prof. Ozumba to cancel election results in Obingwa, Osisioma and Isiala-Ngwa North local governments, the statement that the Abia State governorship election of April 11 is “inconclusive” is at best dubious as it does not stand on any legal plank.  The INEC will, therefore, be embarking on a wild goose chase if it stubbornly or ignorantly insists on organizing the April 25, 2015 supplementary election in Abia State.

    Even if Prof. Ozumba had the right or power to cancel the results of the election in the three local governments in question, his reasons for doing so are jejune and preposterous.  There is no provision in the Electoral Act or the 1999 Constitution where the inputs or reports of international observers are supposed to be the basis for upholding or cancelling election results in Nigeria.

    Finally, any doubts about the points canvassed in this essay should reflect on the ruling of the courts regarding the powers of a returning officer in an election.  In NWOKOLO Vs UBAH (2012) 17 NWLR (Pt 1330) 604, the Court of Appeal held that a returning officer does not have the power to declare an election inconclusive.  The court said: “The election having been held in Ika North-East L.G.A. as borne out by the evidence led, it was for the returning officer to have declared the result of the election by deciding on the scores of the candidates under Section 68(1) of the Electoral Act, leaving an aggrieved party with his options under the Act and not for him to declare the election inconclusive.  He had no power to do so.  His action was therefore, ultra vires and void”, per Nwosu-Iheme J.C.A. at page 611 paragraphs D to F.

    His Lordship insisted at page 612, paragraphs A to B that “A returning officer should, therefore, not act capriciously or contrary to the Law governing the conduct of an election for which the 3rd respondent is responsible and expect to wallow in such capriciousness and illegality”.

     

    •Nkem Ibekwe,

    Mezie Ala-Igbo Foundation.

     

  • INEC helpless over Rivers’ result – Jega

    INEC helpless over Rivers’ result – Jega

    The Chairman of the Independent National Electoral Commission (INEC), Prof. Attahiru Jega, on Tuesday said his agency was helpless in the face of calls for the cancellation of some election results.

    Foreign and local election observers, including civil society organisations (CSOs) have queried the credibility of results of last governorship and House of Assembly elections in Abia, Akwa-Ibom and Rivers States.

    Specifically, a coalition of CSOs – the Nigeria Civil Society Situation Room – in its post-election analysis on April 13, said reports submitted by its members, who monitored elections in the three states, revealed that the elections were “lacking in credibility and fraught with irregularities.

    It expressed concern “about the overall conduct of the elections in the three states because there are grounds to question the credibility of the elections results.”

    The Situation Room urged INEC to urgently take steps to authenticate the final collated results from the three states against the polling unit results and make a reasoned judgment about them.

    But Speaking on Tuesday in Abuja at a dialogue session put together by the Situation Room, Jega justified why his commission could not cancel election results from the states as being requested by many.

    He blamed this on some inadequacies in the Electoral Act.

    Jega decried the fact that the national office of INEC in Abuja has weak control over the state offices, noting that Resident Electoral Commissioners (RECs), currently wield enormous powers owing to the inherent lacunas in the Electoral Act.

    He noted that once a Returning Officer declares any election result, “whether the result is false or doctored, there is nothing else we can do about it than to ask the candidates to go the tribunal to challenge such result.

    “There is nothing in the legal framework that gives the INEC Chairman the power to cancel results from anywhere over alleged irregularities. We have no power to cancel elections results once returns have been made.”

    He said his commission also lacked sufficient evidence to support claims about irregularities in the Rivers’ election.

    “On the petition against election irregularities in Rivers State, the commission sent three national commissioners to the state to investigate it. Some people don’t want elections to hold, they are the ones calling for cancellation. We investigate the allegation of fake result sheets in Rivers, our reports showed that there was nothing like that,” Jega said.

    He said there was no way INEC could have successfully conducted the run-off election within seven days as provided for in both the Constitution and the Electoral Act.