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PDP, LP Call on INEC to Cancel February 25 Elections
The vice presidential candidate of the Peoples Democratic Party (PDP), Ifeanyi Okowa; and his Labour Party (LP) counterpart, Datti Baba-Ahmed have unanimously called on the Independent National Electoral Commission (INEC) to cancel the February 25 presidential and National Assembly elections.
Okowa and Baba-Ahmed stated this at a joint briefing in Abuja on Tuesday.
Okowa, who is also the governor of Delta State, said “it is clearly stated in that Electoral Act that all election results must be transmitted at the polling unit level” and that it is only the results electronically transmitted from the polling units that can be collated at the centre.
“If you have not transmitted those results, it means that you have actually not conducted elections under the very law that we all applauded.
“So, the right thing for the INEC chairman to do is to cancel the elections,” the PDP vice-presidential candidate stated.
On his part, Datti Baba-Ahmed adopted Okowa’s position. “I hereby adopt the submission of my brother, Governor Ifeanyi Okowa of the PDP,” he said.
“Now, we are witnessing the fact that the next government will be built on outright illegality.”
The LP vice-presidential candidate warned the INEC Chairman, Mahmood Yakubu not to promote illegality, saying he should respect the rule of law.
Below is the full text of the briefing:
Being text of the joint press conference by the Vice Presidential candidate of the Peoples Democratic Party, Governor Ifeanyi Okowa and Vice Presidential candidate of the Labour Party, Dr Datti Ahmed on Tuesday, February 28, 2023 at the Transcorp Hilton, Abuja.
On Saturday, the 25th of February, 2023, Nigerians from the different parts of our great country braced all manner of challenges to cast their votes for their preferred candidates. And having cast their votes, they are expectantly awaiting the results of the presidential and National Assembly election. We wish to state for the records that last weekend’s election was a sham. It was neither free nor fair. What played out yesterday at the National Collation Center exposes the National Chairman of playing to a predetermined script. Our position remains that the election and transmission of the results must be in tandem with the Electoral Act and the INEC guidelines.
There is no doubt that INEC is under a statutory obligation to transmit election results electronically. Paragraph 38 of the INEC manual made pursuant to section 149 of the Electoral Act 2022 and the 1999 constitution as amended provides for this. That paragraph, which deals with the transmission of results at the polling units, is crucial, and it imposes statutory obligations on the part of INEC to upload polling units results on its portal.
There is no doubt that polling units results are the pyramid upon which other results are built. Therefore, it is required that the moment polls come to a close and the results are declared, the results must be uploaded on INEC server or portal.
Paragraph 38 of INEC Manual 2022 made pursuant to the provisions of the constitution of the Federal Republic of Nigeria 1999 as amended and section 149 of of the Electoral Act 2022 provides that: “On completion of all the Polling Unit voting and results procedures, the Presiding Officer shall:
(i) Electronically transmit or transfer the result of the Polling Unit, direct to the collation system as prescribed by the Commission.
(ii) Use the BVAS to upload a scanned copy of the EC8A to the INEC Result Viewing Portal (IReV), as prescribed by the Commission.
(iii) Take the BVAS and the original copy of each of the forms in tamper-evident envelope to the Registration Area/Ward Collation Officer, in the company of Security Agents. The Polling Agents may accompany the Presiding Officer to the RA/Ward Collation Centre.” It is mandatory and compulsory. INEC has no option. So, the failure to upload results and follow the procedures set out in paragraph 38 of the manual made pursuant to the Electoral Act 2022, is a fundamental breach that has the potential of rendering the election results that did not follow those procedures null and void.
For clarity, Section 64 (4) (a) and (b) of the Electoral Act, 2022 specifically provide thus:
“A collation officer or returning officer at an election shall collate and announce the result of an election subject to his or her verification and confirmation that the –
(a) number of accredited voters stated on the collated result are correct
and consistent with the number of accredited voters recorded and transmitted
directly from polling units under section 47 (2) of this Act; and
(b) “votes stated on the collated result are correct and consistent with the votes or results recorded and transmitted directly from Polling Units under Section (60) (4) of this Act”.
Consequent on the above Section 60 (4) of the Electoral Act 2022, any result announced by INEC is ultra vires, illegal, and of no consequence unless they are results already transmitted DIRECTLY from the Polling Units. So procedurally, INEC cannot continue to announce results that are yet to be transmitted as expressly stated in the relevant Sections of the Electoral Act.
The law is that where the law has set out the procedures to be followed, that procedures and no other must be followed.
The argument that INEC guidelines have no force of law is idle and wayward arguments. This is not even the question of alterations of the results. It is a question of non-compliance with mandatory statutory provisions. The argument that it is only when the Chief Electoral Officer of the Federation announces the winner of the Presidential election that the results can be uploaded on the INE C portal cannot be correct. There must be uploading of results at the polling units after the polling officers had announced the winner at the polling units.
Finally, we call on the commission to thread on the path of honour by cancelling the election outright and commence the process of a fresh election that will not only be credible but will be seen to be credible by Nigerians.
The National Working Committee of the Peoples Democratic Party (NWC) has suspended the National Legal Adviser, Kamaldeen Ajibade; National Secretary, Samuel Anyanwu; Deputy Legal Adviser, Okechukwu Osuoha; and National Organizing Secretary, Umaru Bature for one month.
The suspension comes on the heels of the judgement of the Federal High Court On Friday, which stopped the party’s planned national convention.
The National Publicity Secretary of the party, Debo Ologunagba, told journalists in Abuja on Saturday, that the decision followed an emergency meeting of the national working committee, which was held in Abuja.
President Donald Trump of the United States on Friday designated Nigeria as a Country of Particular Concern (CPC), in response to allegations of widespread persecution and genocide against Christians.
Writing on his Truth Social account, Trump stated that Christianity faces a serious threat in Nigeria.
The US leader also added Nigeria to a State Department watch list.
“Christianity is facing an existential threat in Nigeria. Thousands of Christians are being killed. Radical Islamists are responsible for this mass slaughter,” Trump wrote.
According to the US president, he was placing Nigeria, Africa’s top oil producer and most populous nation, on a “Countries of Particular Concern” list of nations the US deems to have engaged in religious freedom violations.
According to the State Department’s website, the list includes China, Myanmar, North Korea, Russia, and Pakistan, among others.
Trump said he had asked US Representatives Riley Moore and Tom Cole, as well as the House of Representatives Appropriations Committee, to look into the matter and report back to him.
A Federal High Court in Abuja has removed Hon. Abubakar Gummi from the House of Representatives after he left the Peoples Democratic Party for the All Progressives Congress.
The lawmaker represented the Gummi/Bukkuyum Federal Constituency in Zamfara State.
Justice Obiora Egwuatu delivered the ruling, holding that Gummi’s defection breached the Constitution.
The court said the seat does not belong to any politician but to the political party that sponsored the election.
According to the judgment, the Speaker of the House of Representatives, Tajudeen Abbas, is barred from recognising Gummi “as a member representing Gummi/Bukkuyum Federal Constituency.”
The judge also instructed the Independent National Electoral Commission to “conduct a fresh election” for the vacant seat within 30 days.
The case was instituted by the PDP and its Zamfara chairman, who insisted that Gummi’s move to the APC had no legal justification. They argued that there was no division in the PDP to support his defection, as required by Section 68(1)(g) of the Constitution.
Gummi, through his counsel, claimed he left the PDP due to internal crises which he said made it “impossible” to serve his constituents effectively. The judge, however, dismissed his arguments and granted all the reliefs requested by the plaintiffs.
Justice Egwuatu, in a firm comment, warned politicians against what he described as reckless party hopping.
“Political prostitution must not be rewarded,” he declared, adding that lawmakers must not transfer votes won on one party’s platform to another party.
The court also ordered Gummi to refund all salaries and allowances received from October 30, 2024, until the date of judgment. He is also barred from earning any further benefits as a member of the House.
Additionally, the judge imposed a N500,000 cost against the defendants in favour of the PDP.
