By Tony Adibe
An Enugu-based human rights defender, the Civil Rights Realisation and Advancement Network (CRRAN) has said that the suspension of the collation of the governorship election results in Enugu State midway by the Independent National Electoral Commission was akin to putting the cart before the horse, a development that is against logic or good reasoning.
In a statement issued by the INEC National Head Office in Abuja, the Electoral Commission said it has suspended forthwith the collation of the governorship election results in Enugu and Abia States.
But reacting to the suspension, the president of CRAAN, Olu Omotayo Esq, in a statement issued on Monday entitled, “Tension In Enugu Over Inec Failure To Declare Gubernatorial Election Results; Inec Putting The Cart Before The Horse,” said the suspension of the collation of election results in Enugu State was “not only illegal but also ultra vires the Electoral Act 2022.”
CRAAN urged the INEC to “free itself from this misconception of law, announce the results of the election and leave the remaining for court of competent jurisdiction to determine.”
The statement read: “The failure of the Independent National Electoral Commission to understand the purport of Section 65(1)(c) of the Electoral Act 2022, is causing unnecessary tension in Enugu State and other states of the Federation where collation of election results are currently suspended.
Section 65 (1)(c) of the Electoral Act 2022, provides thus: “(c) declaration of scores of candidates and the return of a candidate: Provided that the Commission shall have the power within seven days to review the declaration and return where the Commission determines that the said declaration and return was not made voluntarily or was made contrary to the provisions of the law, regulations and guidelines, and manual for the election.
“It is this new subsection under the Electoral Act 2022 that gave INEC the power to review but this power to review is only exercisable by the Commission within 7 days after declaration and return has been made, not during collation of already declared results of local government or senatorial district.
“It is submitted that the suspension of collation in Enugu State by INEC is not only illegal but also ultra vires the Electoral Act 2022. The Commission can only review after Declaration. It should be noted that it is only the Court that can cancel an already declared election.
“It should be noted that before the advent of Section 65 of the Electoral Act 2022, there were arguments whether the Independent National Electoral Commission (INEC) has the right to cancel already declared results even if there are valid cases of irregularities. The position of the law was that INEC does not have any power to cancel already declared results even if there are valid cases of irregularities.
“See ABANA V. OBI (2004), 10 NWLR PART 881Pg 319 at 365. It is only the Election Petition Tribunal that is empowered to cancel already declared results. We urge INEC to free itself from this misconception of law, announce the results of the election and leave the remaining for court of competent jurisdiction to determine.”
For: Civil Rights Realisation and Advancement Network (CRRAN); Olu Omotayo Esq. President
