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Tag: Inec

  • Cross River: INEC fails to produce result sheet at Tribunal

    The Independent National Electoral Commission (INEC) has told the Election Petition Tribunal in Cross River State that they were unable to produce copies of election result sheets claiming they were destroyed during the election.

    The Tribunal had on May 6 granted an order for the candidate of the African Democratic Congress (ADC) in the Obubra/Etung House of Representatives election, Mr Innocent Ovat, to inspect the smart card readers and other relevant materials that were deployed in each polling unit by the Independent National Electoral Commission (INEC) during the polls.

    Ovat’s petition with suit number EPT/CAL/HR/12/2019 has himself as the first petitioner and the ADC as the second. Mr Mike Etaba, the Peoples Democratic Party (PDP) and INEC were first, second and third respondents respectively.

    The order which followed a motion ex-parte also compelled and directed the Resident Electoral Commissioner in the state to forthwith produce, provide and release to the petitioners, for their own use in this petition, certified true copies of the printout of data of accredited/verified voters of each polling unit as recorded by the smart card readers deployed for the election to the membership of the House of Representatives of Obubra/Etung Federal Constituency.

    Other materials which the Tribunal ordered INEC to release to the petitioner include the certified true copies of Form EC 8A of all the polling units/voting points in Etung and Obubra local government areas.

    But INEC’s lawyer, Henry Ituen, informed the Tribunal that the result sheets of the said election were not available as they were destroyed in the field in the course of the said election held on 23rd February 2019.

    Read Also; Tension in Bayelsa INEC over alleged arrest of REC, others

    The petitioner’s lawyer, Offiong O. Offiong, informed the Tribunal at the pre-hearing session that the INEC is in contempt of the orders of the Tribunal as they have failed to comply with the orders of the Tribunal which, amongst others, compelled and directed them to release and give to the petitioners, result sheets and other vital documents of the election.

    The Tribunal asked INEC’s lawyer if he had pleaded the excuse about the result sheets in the record of his submissions in court, which he answered in the affirmative.

    The Tribunal then concluded the pre-hearing and adjourned for the commencement of the hearing.

  • No issues over AbdulRazaq’s certificate, says INEC

    THE Independent National Electoral Commission (INEC) yesterday dismissed reports that it has been asked to produce the West African Examinations Council (WAEC) certificate of the Kwara State Governor-elect, AbdulRahman AbdulRazaq.

    Counsel to INEC Rowland Otaru (SAN) told reporters in Ilorin, the state capital, that at no time did the state governorship tribunal order the commission to produce a document that is clearly a public record.

    “The tribunal did not at any time order INEC to produce the WAEC certificate of AbdulRahman AbdulRazaq.

    “The governor-elect has pleaded his certificate, which is very genuine. There is nothing like falsification of result or whatever. They are there. They are public records. It is not something to be hidden. The documents the governor-elect tendered met the requirements of the law,” Otaru said.

    Earlier at the tribunal’s pre-hearing session, the commission tendered two documents (Forms ECAD and ECAE), which contained the results of the elections across the 16 local government areas and declaration of results for the office of the governor.

    INEC added that the documents affirmed that AbdulRazaq was the winner of the election.

    Otaru told the tribunal that “those are the documents we have now at this pre-hearing session. Every other document will come in during the real trial”.

    The People’s Democratic Party (PDP) and its candidate Abdulrazak Atunwa are challenging the genuineness or otherwise of AbdulRazaq’s WAEC certificate at the tribunal.

    Counsel to PDP and its governorship candidate, Kingsley Odey, did not object to the tendering of the document.

    Odey told the court that he intends to call five witnesses, adding that one would be a document expert. The other will be subpoenaed from the West African Examinations Council (WAEC) office.

    Counsel to AbdulrRazaq, H.O Afolabi, promised to call seven witnesses, adding that the tribunal has the powers to streamline and limit the number of witnesses to call.

    He urged the tribunal “to be kind enough to let us work within the timeframe allocated. That is my supplication. This is the best approach through which I can ventilate the defence of my clients”.

    The INEC counsel agreed with him, saying: “This is the best way to manage and save time. I promise to cross-examine all the PDP witnesses in one day.”

    Counsel to APC Chief Yomi Aliyu said he intends to call two witnesses during real trial.

    Pre-hearing conference continues tomorrow for the streamlining of trial timetable.

  • Tension in Bayelsa INEC over alleged arrest of REC, others

    There was palpable fear at the office of the Independent National Electoral Commission (INEC), Yenagoa, Bayelsa State, following reports the Resident Electoral Commissioner (REC) Monday Tom Udoh and two other officials were arrested for electoral fraud by a special police squad.

    Fact-finding by the Nation showed that the commission’s complex located along Swali Market Road was unusually quiet with employees wearing long faces and undertaking skeletal assignments.

    Though the official vehicle of the REC was not parked at its usual place, it was gathered that Udoh was in his office.

    All efforts to gain entrance to his office to get his side of the report proved abortive as the personal secretary of the REC and his police orderly blocked all access to Udoh, adopting various delay tactics.

    All explanations it was necessary for the REC to speak and address reports of his arrest fell on the deaf ears of Udoh’s personal secretary and the police orderly, who remained adamant refusing to grant access to their principal.

    But Heads of Departments (HoDs) were seen moving into the office of the REC, who ordered his orderly not to allow anybody access to his office.

    An INEC official, who spoke in confidence, said the REC summoned the HoDs for an emergency meeting adding that Udoh was not in the mood to speak to journalists.

    “He is just coming from Abuja. We have read all the reports. But he is not in a good mood and will not speak to any journalist,” she said.

    Udoh and two other officials were reportedly arrested by the police over alleged criminal violation of the electoral laws during the conduct of the Presidential and National Assembly elections.

    Others said to have been arrested by the police were the Electoral Officer (EO), Mr Jude T. Nabie and Assistant Electoral Officer (AEO), Mrs Doris Asiayei, in charge of Nembe Local Government Area of the State.

    Read Also: Contempt of court: Sen. Izunaso narrowly escapes prison

    The special squad of the arrived Yenagoa, the Bayelsa State capital last Thursday to effect the arrest of the Resident Electoral Officer and two others.

    Udoh was reportedly taken to the Bayelsa State Police command and later released on bail after making statement but was asked to report to Abuja.

    The EO and AEO were said to have been apprehended in Abuja for allegations bordering on conspiracy and violation of the electoral Act.

    The REC was also accused of intimidating and harassing some employees of INEC, who reportedly vowed to speak the truth at the elections tribunal.

  • INEC shifts Bayelsa, Kogi governorship polls to November 16

    The Independent National Electoral Commission (INEC) has granted the request of Bayelsa State to shift its governorship election from November 2 to 16.

    INEC announced this yesterday in Abuja.

    A statement by its National Commissioner in Charge of Information and Voter Education, Mr. Festus Okoye, said: “It will be recalled that on April 9, the INEC released the timetable and schedule of activities for the Kogi and Bayelsa governorship elections. The commission fixed November 2 for the elections to hold in both states.

    “However, the commission has received several appeals from the government, State Assembly, elders, religious leaders, traditional rulers and other critical stakeholders in Bayelsa State that the election date coincides with the state’s annual Thanksgiving Day, which is backed by the Bayelsa State Thanksgiving Day Law 2012.

    “After a careful consideration of the appeals, the commission, at its regular weekly meeting on May 16, decided to shift the governorship elections in Kogi and Bayelsa states to Saturday, November 16.

    “The timelines for all other activities leading to the elections have also been adjusted to align with the new date. The amended timetable and schedule of activities for the elections are attached to this press release.”

     

  • Breaking: INEC moves Kogi, Bayelsa gov polls to Nov 16

    The Independent National Electoral Commission (INEC) has shifted the Bayelsa and Kogi state governorship elections.

    The elections were scheduled to hold November 2.

    But the commission said they will now hold on November 16.

    INEC Director of Voter Education and Publicity, Festus Okoye, in a statement on Thursday, explained the shift was in response to appeals for rescheduling of the polls.

    Some stakeholders from Bayelsa state have been vociferous in asking INEC to change the election date claiming it coincides with the state’s annual ‘Thanksgiving Day’ which is backed by law.

    Read Also: Abdulrazaq didn’t forge WAEC certificate, says INEC

    “After a careful consideration of the appeals, the Commission at its regular weekly meeting held today, Thursday 16th May, decided to shift the governorship elections in Kogi and Bayelsa States to Saturday 16th November 2019,” the statement read.

    “The timelines for all other activities leading to the elections have also been adjusted to align with the new date.”

    In the amended timetable and schedule of activities for the elections, conduct of party primaries and resolution of any dispute would hold between August 18 and September 5, while campaigns will also commence on August 18.

    Personal particulars of candidates would be published on September 16, while official register of voters would be published on October 3 with campaigns ending on November 14.

  • INEC gets seven days to issue Okorocha’s Certificate of Return

    The Human Right Liberty Access and Defenders Foundation (HURIJE) has given the Independent National Electoral Commission (INEC) a seven day ultimatum to issue Rochas Okorocha his Certificate of Return “as mandated by the Electoral Act”.

    Okorocha won the Imo West Senatorial election.

    The group threatened that if INEC fails to comply within the seven days, it will explore other options within the purview of the law, including protests, to ensure that INEC does not turn itself into a partisan tool to serve vested interests.

    The group, after its emergency meeting in Owerri, vowed to “mobilise the people of Orlu Senatorial zone and other democrats in Nigeria to protest if INEC, within seven days, does not issue Okorocha his Certificate of Return”.

    The Chairman Dede Uzor, who addressed reporters after the meeting, argued that “there was no section of the Electoral Act which gave INEC the power to withhold the Certificate of Return of a candidate who has been duly declared winner and returned”.

    He said: “If the opponents felt that the result did not meet the requirements of the Electoral Act, they should head to the Court, not for INEC to act as Okorocha’s opponents in the election.

    “INEC should be seen as an unbiased umpire who is expected to be neutral and transparent in the management of electoral issues. Issuance of Certificate of Return should not be dictated by sentiment and extraneous influence to victimise a particular candidate.”

    The Citizens’ Advocacy for Social and Economic Rights (CASER) has also threatened to organise a 1,000-man protest if INEC does not issue Okorocha’s Certificate of Return.

    CASER said the protest will be organised in conjunction with constituents of Imo West.

    A May 2 letter to INEC Chairman, Prof. Mahmood Yakubu, noted that Okorocha, having been declared winner of the Imo West Senatorial election, should have been issued the certificate of return with other elected lawmakers.

    The letter, signed by Andrew Korna, on behalf of the Executive Director, reads: “Withholding the certificate of a declared winner in an election is a clear case of abuse of constitutional powers by INEC, and it has become a painful denigration of a supposedly independent, impartial and unbiased electoral umpire that has now become embroiled and tainted with the corrupt vestiges of partisan politics.

    “It is strange and despicable that on the basis of hearsay, INEC will withhold Okorocha’s certificate of return after being declared winner by a Returning Officer appointed by the same INEC.”

    According to the body, INEC’s refusal to issue Okorocha the certificate of return is an attempt to deprive the people representation at the Upper Chamber of the National Assembly, which is contravenes Article 13 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria.”

  • Okorocha: INEC lacks power to reverse my election

    Imo State Governor Rochas Okorocha has said the Independent National Electoral Commission (INEC) lacks the power to withhold his Certificate of Return or reverse his election after being declared winner of the Imo West senatorial election.

    This was contained in a petition filed at the commission by Okorocha.

    The petition, titled: “Need to Avert Abuse of Office and Political Corruption by my Political Opponents with the Active Collaboration of INEC’s Leadership in Clear Violation of the Law”, was addressed to INEC chairman Prof. Mahmood Yakubu.

    INEC had refused to issue a Certificate of Return to Okorocha despite being announced winner of the election because the Returning Officer, Prof. Francis Ibeawuchi, said he declared Okorocha winner under duress.

    But the governor said going by the laws governing elections, since the election had been concluded and a winner announced, INEC had no right not to deny him a Certificate of Return.

    He added that if there were issues with the election after the announcement of a winner, recourse ought to be made to election tribunals.

    According to him, Section 285 (1) of the 1999 Constitution, states that “there shall be established for the Federation, one or more election tribunals, to be known as the National Assembly Elections Tribunal, which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whether (a) any person has been validly elected as a member of the national Assembly.”

    He also noted that Section 133 of the Electoral Act 2010 (as amended) provides that “No election and return at an election under this Act shall be questioned in a manner other than by a petition complaining of an undue election or an undue return presented to the competent tribunal or court in accordance with the provisions of the Constitution or of this Act, and in which the person elected or returned is joined as a party”.

    Okorocha then asked where INEC derived the power to withhold Certificate of Return after a winner in an election had been announced.

    The governor stressed that by toeing this line, INEC “is setting a bad precedent which could make it deny anyone it does not approve of electoral victory, even when such person is the preference of the voting public”.

    Okorocha, who argued that INEC’s step was not known to law, advised the commission to seek redress in the law court rather than take laws into its own hands.

    He stated that INEC, in its counter-affidavit to his suit at the Federal High Court, did not mention any allegation to the fact that his declaration was made under duress.

    “In the replies filed by INEC to the petitions against me by Osita Izuanso, Jones Onyeyeri, Peoples Democratic Party (PDP) and Uche Onyeoma Ibeh at the Election Tribunal in Owerri, INEC actually said my election was duly conducted and that the declaration and return made in my favour by the Returning Officer was voluntary and not due to any duress or coercion exerted on the Returning Officer.”

    He urged the commission to release his Certificate of Return and refrain from reducing the commission to a willing tool in the hands of political manipulators.

  • Poll: INEC asserted independence, says CTA Report

    Contrary to insinuations, a report on the 2019 general elections yesterday scored the Independent National Electoral Commission (INEC) high for asserting its independence and conducting free, fair and credible polls.

    It, however, blamed politicians  for failing the electorate through brazen acts of vote buying, violent attacks on perceived opponents, intimidation and abduction of INEC officials.

    It said that out of about 72 million Nigerians who collected the permanent voters’ cards, only about 25million voters(37.5 per cent)  turned out.

    It attributed the voter apathy to the failure of the political class to deliver on their electoral promises and hate speeches.

    The report was unveiled by a coalition of civil society groups under the aegis of the Centre for Transparency and Advocacy(CTA).

    The session was attended by some INEC National Commissioners, Malam Mohammed Haruna and Mrs. May Agbamuche-Mbu, scholars, leaders of observers groups and the Resident Electoral Commissioner for Enugu State, Mr Emeka Ononamadu.

    The report said in part: “We must commend the leadership of Prof. Mahmood Yakubu, who even in difficult situation for the Nigerian people, ensured most INEC staff acted appropriately and did their job admirably.

    “There is no doubt that the present INEC under Yakubu invested heavily in producing a free and fair election.

    “INEC proved quite independent in the way and manner it responded to the unexpected challenges throw its way by the political class.”

    “We saw how it bravely prevented the ruling party from fielding candidates in states in its determination to follow the rules no matter whose was gored. Eventually, its actions were vindicated by the courts.”

    The CTA report, however, claimed that politicians failed Nigerians during the general elections.

    It added:  ”The politicians, their agents and thugs constituted the greatest menace in the conduct of the 2019 general elections. From brazen acts of vote buying, violent attacks on perceived opponents, intimidation and abduction of INEC officials, snatching and destruction of ballot boxes and papers to burning up of INEC offices and electoral materials in Plateau, Anambra, Akwa Ibom, Imo, Benue and Abia states, the political parties and politicians showed their desperation for power.

    “The resultant loss of lives and property in such places as Lagos, Rivers, Kogi, Plateau and so on and the widespread violence that these were recorded by our observers as perpetrated by politicians and their thugs.

    Read also: Poll: INEC asserted independence, says CTA Report

    “The recruitment of thugs by the political class from one part of the country to another before the elections evidenced by the arrest of young men travelling en masse at Uyo was as never seen in the history of our elections.

    “The violence that followed the elections was as a result of the hate speeches by the political class at campaigns and the conduct some of the party primaries ended in violence.

    “Most political party agents seen on the field did not have proper identification tags from INEC, the parties printed their own tags for their agents. It has become a recurrent problem of the political parties not following the guidelines for party agents’ accreditation.

    ”What happens when politicians suborn state institutions to sabotage INEC and its carefully laid out plans and preparations at the last minute, which was exactly what happened leading to the

    postponement of the Presidential and National Assembly election that was supposed to be held on Saturday, February, 16 2019?

    “Some ad-hoc staff became suborned by politicians, considering that they are not permanent staff of the Commission and with a lot of them susceptible to the temptation of immediate gratification for a day’s work without consideration for the consequences,”

    The Acting Executive Secretary of the Centre for Transparency Advocacy, Ms Faith Nwadishi, said INEC was fair to all by asserting its independence.

    She said the electoral umpire resisted last-minute attempts to sabotage its preparations by some members of the political class and elements of state institutions.

    She said: “One of the most remarkable themes of the past four years of INEC under Professor Yakubu has been how it has tried to show its independence in the way and manner it goes about exercising its mandate, despite the intense pressure from the political class.

    “But the most glaring evidence of INEC’s independence was how it reacted to the last-minute attempts to sabotage its preparations by some members of the political class and elements of state institutions that were supposed to help INEC with logistics for the election.

    Continue in page 2

  • Nigeria not ripe for electronic voting, says INEC

    The Independent National Electoral Commission (INEC) has ruled out the adoption of electronic voting method in the country in the nearest future.

    An INEC National Commissioner, Professor Okey Ibeanu argued the country was not ripe for electronic voting because of the absence of “robust technical and physical infrastructure.”

    Prof Ibeanu noted that t there were key factors to be taken into consideration before e-voting could be adopted in the country, which he said, include stable power supply and the ability of electorate to conquer their “fundamental trust issues in the system”, by believing in the capability of the electoral body to function independently without external manipulations.

    “Each time we are demanding more ‘complexification’ of our election, we should remember that our infrastructure may not be adequate to take care of the process.”

    He spoke in Abuja on Monday at the “Stakeholders’ forum on future of elections in Nigeria, put together by the Nigeria Civil Society Situation Room (NCSSR), with the support of the British Department for International Development (DFID).

    INEC Chairman, Prof. Mahmoud Yakubu, said the commission has embarked on a comprehensive review of processes and procedures it adopted for the 2019 general elections.

    Yakubu, who was represented by another National Commissioner, Festus Okoye, assured that  INEC would, at the end of the review exercise, work with the National Assembly to propose an alteration of the constitution and legal framework on critical issues that posed challenges to the 2019 general elections.

    Read also: Lagos Supplementary poll: Heavy security at INEC collation centre

    “The commission will also follow closely the pronouncement and judgments of the various courts and tribunals on novel constitutional and electoral issues, and incorporate them into its proposals for constitutional reforms.

    “The commission will propose far-reaching changes in the following areas:  (a) The review of the opaque nature of the conduct of party primaries and making proposals towards reforms as the crisis and challenges arising from the conduct of party primaries remains a sore point in the electoral process.

    “(b) The timeline for the disposal of pre-election matters. The present timeline proposed for the disposal of pre-election matters has not solved the problem of certainty in the electoral process. The 180 days given to the courts of first instance to dispose pre-election suits and the 60 days earmarked for appeals dovetails into the conduct of elections and keeps the commission on edge till the Election Day. It makes it difficult for the commission to procure sensitive materials ahead of time. The commission will prefer a time-frame and a timeline that allows for the disposal of all pre-election matters before elections. This sill entails further alteration to section 285 of the Constitution.

    “(c) The commission will also propose a review of the conditions for the registration of political parties to determine whether it is adequate to guarantee the registration of political parties that can in truth and in fact, bid for political power. It is also important to decide whether it is important to define a thresh hold which political parties can get on the ballot. More fundamentally, the constitution and legal conditions for the registration of political parties appears confusing and inadequate to weed out parties that enjoy only legal and not factual existence.

    Continue in page 2

  • Video of INEC official on server vindicates us, says PDP

    The Peoples Democratic Party (PDP) has said claims by its candidate in the February 23 presidential election, Atiku Abubakar, on the existence and functionality of a server at the headquarters of the Independent National Electoral Commission (INEC) have been vindicated.

    Atiku and the PDP have consistently maintained the election results tendered by their lawyers as the authentic figures recorded in the last presidential election were authentic.

    In the said video, which has gone viral, a top official of the INEC was seen and heard confirming the existence of a central election results transmission server.

    The said INEC official also confirmed the Commission would put the central server to use for the presidential election.

    The figures alleged to have been obtained by Atiku from the INEC server has become the main plank of the PDP candidate’s argument before the presidential election petition tribunal.

    However, INEC had denied the existence of the server before the election petition tribunal.

    Also reacting to the video, spokesman for the Buhari presidential election campaign, Festus Keyamo dismissed it as “pure entertainment.

    But a statement Thursday by the spokesman for the PDP, Kola Ologbondiyan, said the Presidency has been jittery over the video.

    The PDP said the video interview speaks volumes about the reported denial by INEC of the existence of such a server for the 2019 general elections.

    The main opposition party also said President Muhammadu Buhari’s team has been in a frenzy to distract the presidential election petitions tribunal by externalizing its proceedings.

    “This is in addition to the Presidency’s feverish attempt to divert public attention by engaging in judicial interpretations and hauling insults on our party and candidate, Atiku Abubakar, over our determination to retrieve our stolen mandate in the court.

    “The lesson for all in the latest episode is in the undying verity that no matter how long falsehood appears to thrive, the truth will always come to light and prevail at the end of the day.

    “Instead of this pitiable resort to frenetic and chaotic play to the gallery, the PDP counsels President Buhari and his team to focus on facing the course of justice at the tribunal,” the statement added.

    The party advised Buhari and his team to curtail their desperation and respect the sanctity and integrity of the Court of Appeal by ending their externalisation of proceedings, which the PDP said, has been their calculated scheme to distract the court and derail the course of Justice.