The Conference of Nigeria Political Parties (CNPP) has described the decision of the Independent National Electoral Commission (INEC) to declare the Saturday’s governorship election in Osun State inconclusive as “a rape of basic democratic process and rule of law”.
In a statement signed by its Secretary General, Chief Willy Ezugwu, the CNPP noted that “garnering a simple majority of valid votes cast is what was required to be declared the winner in the Osun State election.
“The decision of the returning officer to declare the election inconclusive, which insiders have noted to be taken after recieving a phone call and the section of the Electoral Act relied upon, requires, before the rerun date, a court action to seek the interpretations of Section 179 sub section 2 of the Nigerian 1999 Constitution, on the strength of Section 1 (3) which provides that;
“(3) If any other law is inconsistent with the provisions of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of the inconsistency, be void.”
“This has become imperative as the provision of the Electoral Act, which was relied on by the returning officer appears to be inconsistent with Section 179, subsection 2 and 3 of the 1999 Constitution of the Federal Republic of Nigeria, thus, it is legally contentious as the Constitution is unambigous on how to determine an electoral victory in a governorship election.
“According to the Section 179 (2)(3) of the Constitution,
“(2) 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 number of votes cast at the election; and
“(b) he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the State.
“(3) 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 candidates 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 the second candidate.”
“The courts, including the Supreme Court of Nigeria have held that when votes are cancelled, they are not reckoned with in determining the outcome of such an election as in Osunbor Vs Oshiomhole (2007).
“Another case relevant to this matter is the T. Sylva Vs. Seriake Dickson, INEC where Sylva and APC took part in a rerun election by INEC over disputed Ijaw votes won by Sylva and APC in the first ballot.
“The Supreme Court affirmed the judgment of the lower Court that to take part in the rerun election means that Sylva and APC have waived and nullified their victory in the first election and their subsequent petition after they lost the rerun election in Ijawland is frivolous and of no effect.
“It can be safely said that INEC has obviously done the unthinkable by revisiting its principle of inconclusive elections, and has clearly towed the line of illegality, unconstitutionality, and chose the path of immorality by openly assaulting the sensibilities of right thinking people around the world after opting to brazenly rape Nigeria’s constitutional democracy.
“We therefore note with dismay the clear partisan role of INEC in its clandestine schemes aimed at foisting on Nigeria and Nigerians a one party system by subtly subverting the will of the people.
“For us and many well meaning Nigerians, particularly all lovers of democracy, a declaration of the winner of the Osun governorship election after the votes cancellation would have cleared the doubts of all Nigerians that INEC will conduct a free, fair, and generally accepted election in 2019 as it did in 2015, where an opposition candidate won the presidential election for the first time in our history and without any litigation”, the CNPP stated.
In the same vein, Senate President, Adubakar Bukola Saraki has faulted the INEC for declaring the poll a re-run.
Saraki, in a statement signed by him, expressed dismay over the decision by INEC to declare as “inconclusive” an election in which a candidate won the highest number of votes and fulfilled the condition for geographical spread.
“In my lay man’s opinion, the INEC was wrong in declaring the election as inconclusive because the votes in certain polling units were cancelled.
“The decision of INEC to cancel the election in those areas after voting had taken place means INEC had already excluded the votes in these areas from the election process and therefore those units should have no place in the overall results. My opinion would have been different if the election in the affected units did not take place at all, may be as a result of malfunctioning of the card reader machine or unavailability of the electoral materials.
“Since the voting took place and was cancelled, only the courts could reverse the initial decision by INEC to cancel the votes in these areas.
“That is why I call on our party and its candidate to seek further legal interpretation on this decision by the electoral body. One cannot but wonder whether if the places were reversed and the candidate of the ruling All Progressives Congress (APC) is the one leading in the election, the INEC will take the same decision it has taken now.
“At this point, it is necessary to also call on INEC to display courage, boldness, independence, neutrality and patriotism so as to send signals to the world at large that Nigerian electoral system has come of age and that our democracy has matured. The electoral body needs to re-assure all and sundry that the 2019 election and other elections will be free of manipulations and undue interference.
“The INEC should note that the Osun gubernatorial election is not only about that South-western state. It is about our country and the entire world is watching. Our national interest is at stake. The integrity of our electoral system is at stake. The reputation of the electoral body is at stake. The future of our democracy is on the line. The way INEC conclusively handles the Osun election will determine global expectations from our political process. It should therefore ensure that the wish of the Osun State electorate eventually prevails.
In another reaction, ex-Vice President Atiku Abubakar has hailed “the people of Osun State have freely given their mandate to Senator Ademola Adeleke and the Peoples Democratic Party, and I urge the Independent National Electoral Commission to resist any and every temptation to be used to tamper with the will of the people of Osun State.
In a statement signed by him, he said: “I was in Osun on Wednesday September 19, and I saw firsthand the love the people of Osun have for Senator Adeleke and the PDP. I told our people in Osun that their years of underdevelopment and backwardness will end with the election of Senator Adeleke and the PDP, and I stand by that promise.
“The attempt by the All Progressives Congress to snatch victory from the jaws of defeat will be resisted with every legitimate and democratic means at our disposal.
“We must all stand united at this point in time. The PDP secured a simple majority, even with the ₦16.7 billion that the federal government surreptitiously paid to the incumbent Osun State APC government, and the desperate Tradermoni bait that Vice President Osinbajo dangled at the electorate in Osun. This is a testament to the fact that the APC has lost favour all over Nigeria.
What has happened in Osun State is a turning point and our people have spoken and democracy is safe. INEC must do the needful.
