Follow Us on Google
The Atiku Alliance for Good Governance (TAAGG) has called on INEC to correct its alleged mistake of declaring Asiwaju Bola Tinubu of the APC winner of the presidential election by reviewing its decision as provided by the law.
This is sequel to the admission by the INEC chairman, Prof. Mahmoud Yakubu, during a meeting with INEC Commissioners in Abuja on Saturday, that the February 25 elections suffered major challenges, including implementation failures and behaviour of some election personnel at different levels.
Commenting on the development, TAAGG said, in a statement signed by its leader, Obiora Okonkwo, that INEC should use available legal windows to review its decision.
Okonkwo said INEC is lawfully empowered to review its decision on winner of the election and issuance of certificate of return to declared winner within seven days on realisation that an error was made in so doing.
The TAAGG leader cited Section 65(1)(c) to buttress his point. He quoted the section as saying: as saying: “…The Commission (INEC) 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, guidelines, and manual for the election.”
He urged Prof. Yakubu and INEC management to show courage by ensuring review of the decision on the presidential election result in Nigeria by not only sanctioning erring electoral officers but also voiding compromised election results where applicable and in accordance with the law.
Okonkwo also drew that attention of INEC to Section 134 of the Electoral Act.
Specifically, Section 134(1)(b)(c) of the Electoral Act reads: “An election may be questioned on any of these grounds; (b) the election was invalid by reason of corrupt practices and non-compliance with the provisions of this Act, or, (c) the respondent was not duly elected by majority of lawful votes cast at the election.”
He argued that by the admission of the INEC chairman, and his decision to penalise officials who aided and abetted the flaws recorded in the presidential election, the Commission was morally and legally bound to rescind its earlier decision.
According to him, “by the admission of the INEC chairman, Prof. Mahmoud Yakubu, it is obvious that the Presidential and National Assembly elections in Nigeria did not satisfy the law as spelt out by the Electoral Act. For this reason, therefore, it is expected that the Chairman should, standing on extant lawful provisions, review its decision, having faulted the conduct of his officials in the performance of their duty on election day and promising to penalise them. The INEC should isolate the specific results affected by irs staff compromise and discount them from the total votes cast and threat as invalid votes.
“This is the surest way of sanitising the electoral system because it will make no sense to penalize INEC officers found to have compromised the election and yet retain the compromised result. Allowing such compromised results to stand makes nonsense of any effort to strengthen the electoral system in Nigeria and further jeopardises Nigeria’s march to steady democracy.
“For us in TAAGG, we believe that the success of Nigeria in sanitising its electoral system by ensuring that people did not benefit from compromised results, and that the rule of law prevails at all times, will be a major boost to the growth of democracy in Africa, especially in West Africa where we have seen a gradual return of military rule owing to flawed elections and lack of respect for the rule of law.”
He said section 62 of the Electoral Act gives INEC seven days, from the day of announcing the result to review and withdraw its decision.”
