#OsunDecides2018: PDP Heads to Court to quash the ‘illegal’ declaration of Osun Guber inconclusive

By enigeriaadmin -
25

The Peoples Democratic Party(PDP) says it is heading to the court to quash the ‘illegal’ declaration of the September 22, 2018 Osun governorship election as inconclusive by the Independent National Electoral Commission (INEC). The PDP noted that the only lawful thing to do, is for INEC to announce results as the polls have already been concluded.

In a statement by the party on Monday, it said according to the country’s electoral law, INEC is bound to return a winner, once an election result is declared.

See statement

We insist that the polls have already been concluded and results announced in all polling and the collation centers, thus bringing the exercise to its lawful conclusion and removing  INEC powers to declare the election inconclusive.

Our electoral law is clear that once an election result is declared, INEC is bound to return a winner. INEC, in trying to play the card of the defeated APC, contravened the law by refusing to announce a return, even when the declared results have thrown up a winner.

a. Section 69 f the Electoral Act 2010 (as amended) states that inter-alia “in an election to the office of the President or governor whether or not contested and in any contested election to any other elective office, the result shall be ascertained by counting the votes cast.

b. for each candidate and subject to the provisions of sections 133, 134 and 179 of the constitution, the candidate that receives the highest number of votes shall be declared elected by the appropriate Returning Officer.
c. Concurrently, Section 179 (2), (a) (b) of the constitution directly prescribes that “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.
d.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.
INEC’s action in declaring a concluded election as inconclusive is therefore an annulment, totally duplicitous, constitutionally illegal, ultra-vires and as such null and void.
The PDP therefore demands the immediate arrest and prosecution of the Osun State Governorship Election Returning Officer, Prof. Joseph Fuwape, for succumbing to the pressure of the APC and declaring a decided election as inconclusive.

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25 COMMENTS

  2. Well! Nigeria election, does mean that there can’t be free and fair election in this country, always wasting our insufficient money on irrelevant issues

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