KOGI GOV’SHIP: WHY INEC CHAIR RELIGUISHING HIS STATUTORY POWERS TO ELECTORAL TRIBUNAL

INEC is the highest body in Nigeria saddled with the power of conducting elections into various elective leadership positions. The duties of INEC as an electoral body were spelled out by the Nigerian constitution and the Electoral Act to carry out its numerous functions on the activities of political parties.

These powers of INEC on political party activities, ranging from party primaries
through to the actual conduct of the elections, were in relevant sections and
subsections of the constitution and the Electoral Act 2022 as amended.

Equally, There is also INEC guidance that spells out regulatory processes to follow in exercising these laws and Bylaws guiding electoral conduct.
The recently concluded 11-11 of 2023 governorship election in Kogi State is fraud with all manners of electoral malfeasance.

This was an obvious primitive rigging style of possessing pre-written result sheets in virtually all the polling units in five LGAs of the Kogi Central Senatorial District. Even at the attempt to cover up, such could not be possible as the little polling units administered with BVAS machines have recorded figures for a particular party being at variance with the accredited figures from the BVAS machines.

Without recourse to the numerous sections and subsections of the electoral Act that has empowered INEC official, be it the collating officer at polling units, wards, LGA, and at the state level where the returning officer makes a final declaration for whoever meet the threshold of election requirements.
The laws and sections of the Electoral Act, Section 51 (2) are peremptory, or in other words, Section 51 (2) is not open to appeal or challenge once it is not adhered to according to its prescription. Again, Section 7 (2) of the Electoral Act makes it mandatory that to vote, the presiding officer shall use BVAS or any other technological device that may be prescribed by INEC for the accreditation of voters.

Let us assume without conceding, the ignorance of the laws by the INEC returning officer, Professor Johnson Urama, a DVC of UNN. Now in the absence of the knowledge of various sections of the electoral Act, by the returning officer.

The INEC chairman could also resolve the challenging areas within seven (7)working days window of opportunity provided by law to review the result sheets from such elections and thereafter, make a declaration and return the rightful winner in that election. A stitch in time saves nine, otherwise, subsequent elections in Nigeria will be characterized by voting and neglecting the use of the BVAS for pre-written procured result sheets before the commencement of the election in the polling booths.

Written By:
ABDULLAHI OCHEJA .S.
08055521875
abdulochess@yahoo.com