news
update
INEC
Validates Ido-Osi Results, Fixes Oye Poll
for Tuesday
•AC threatens boycott |
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By Olawale Olaleye, Chinedu Eze in
Lagos and Senator Iroegbu in Abuja,
05.03.2009 --Thisday |
Ekiti
After nine days of stalemate, the
Independent National Electoral
Commission (INEC) has validated the
controversial election results from
Ido-Osi local government area of Ekiti
State where the Action Congress (AC)
claimed results from eight wards were
collated in a police station instead of
the regular collation centre.
The commission has also fixed the
pending re-run in two wards of Oye local
government for Tuesday, May 5. The
election in the wards in Oye LGA said to
have about 18,000 registered voters
could not hold on April 25 following
outbreak of violence
INEC, in a statement signed by its
Acting Director, Public Affairs, Mr.
Emmanuel Umenger, said the Tuesday
election will hold between 8am and 3pm
and that the results of the entire
re-run in the rest of the 61 wards where
elections had been conducted remain
valid.
“In accordance with the provisions of
Section 28 of the Electoral Act 2006,
the result of the election of April 25,
2009 in the rest of the 61 wards and
nine local government areas of the state
as was announced by the relevant
returning officers in the wards and the
local government remain valid as
stipulated also in section 69 of the
Electoral Act 2006, “it stated.
The commission also said movement would
be restricted on the day of the election
to the concerned areas and therefore
called “on all citizens of Oye to be
law-abiding and eschew violence.”
INEC warned that only duly accredited
agents of the political parties
participating in the election, as well
as the chief observer of the accredited
observer groups will be allowed at the
collation centres and that movement into
and out of Oye local government
elections areas will be restricted on
the election day till election is over.
The rescheduled election is coming on
the heels of controversy leading to the
well-publicised resignation of Ekiti
Resident Electoral Commission (REC),
Mrs. Ayoka Adebayo following what she
called undue pressure on her to act
contrary to the dictate of her
conscience. The REC, who rescinded her
decision to quit last Tuesday, opted to
conclude the elections in Ekiti State.
The results of the April 25 election in
Ido-Osi had been hotly disputed by the
AC which insisted the results in eight
of the 11 wards which were collated in
the police station should be cancelled.
The INEC office in Ido Osi which is the
home base of the candidate of the
Peoples Democratic Party (PDP)
governorship candidate, ex-governor
Segun Oni was torched by protesters in
the aftermath of last Saturday polls.
The AC has however threatened to boycott
the rerun poll slated for Tuesday in Oye
if the disputed results from results
Ido-Osi are truly validated by INEC.
National Publicity Secretary of AC,
Alhaji Lai Muhammed said “for the
avoidance of doubt, the Action Congress
shall not participate in the rescheduled
Oye-Ekiti rerun as long as the disputed
election results in Ido-Osi are to be
upheld by Prof Maurice Iwu’s INEC”.
Muhammed warned that “Iwu must not be
allowed to set this country on fire. His
announcement this evening (yesterday)
that Tuesday, the 5th of May, 2009 is
the date for the rescheduled re-run
election in Oye-Ekiti and that elections
have already been concluded in nine out
of the 10 local government areas in
which the court of Appeal ordered a
re-run is nothing but an attempt to
pre-empt the Resident Electoral
Commissioner, Chief Mrs. Ayoka Adebayo
from performing her assignment according
to the law and her conscience.
“In law, the only person competent to
announce part or the whole result of the
Ekiti re-run election is the Resident
Electoral Commissioner and no other
person, not even Prof. Maurice Iwu”, he
stated.
In his reaction, National Publicity
Secretary of the PDP, Prof. Ahmed
Alkali, said: “As far as the PDP is
concerned, the election has been
concluded in Ido-Osi and what is
outstanding is Oye.
“The AC should not dictate to INEC what
to do. It appears that something is
wrong with them (AC), if not, why would
they be dictating to the federal
government and other agencies on what to
do,” he said.
Also, Lagos based Lwyer and sympathiser
of AC, Mr. Femi Falana, last night, told
THISDAY that INEC’s statement should be
ignored because it is legally untenable.
“The misguided interpretation of the
Electoral Act has been deliberately
twisted to legitimise the illegal
results of the eight wards in Ido-Osi
local government area which were
illegally collated in a police station
contrary to the provisions of the
Electoral Act 2006.
“Incidentally, INEC has referred to
certain sections of the Electoral Act.
Unfortunately, they are not helpful to
the commission and their desperate
masters”, he said.
Citing section 28 (G) of the Electoral
Act, Falana said “the Resident Electoral
Commissioner shall be the returning
officer at the governorship election”,
while section 28 (H) stipulates that the
Chief Electoral Commissioner shall be
the returning officer at the
Presidential election.
Section 69, Falana says, also stipulates
that the decision of the returning
officer in any question relating to
unmarked ballot papers, rejected ballot
papers and the declaration of scores of
candidates and the return of a candidate
shall be final and subject to a review
by a tribunal or court in an election
petition.
“In other words, the decision of the
Resident Electoral Commissioner for
Ekiti is not subject to a review by the
INEC chairman. Section 70 also goes
further to state that the candidates
that receives the highest number of
votes in either the governorship or
presidential election shall be declared
elected by the appropriate officer. In
other words, it is the REC that has the
sole and unquestionable authority to
declare the candidate with the highest
number of votes.
“What has happened in this case is that
efforts, including intimidating tactics
to compel Mrs. Ayoka Adebayo to endorse
the illegal result from the Ido-Osi
local government have failed, hence,
this fraudulent and irresponsible
distortion of clear and unambiguous
provision of the law credited to INEC.
“I’m also aware that since Professor
Maurice Iwu’s term expired in August
last year and has not been renewed, the
Ekiti case is therefore the bait. He’s
been told that his appointment will be
reviewed if he delivers Ekiti”, Falana
said.
Also speaking on the Ekiti crisis,
Speaker of House of Representatives,
Hon. Dimeji Bankole, has said the
situation in Ekiti State has confirmed
his fears that if not well managed, the
re-run election would trigger-off crisis
that may truncate democracy in the
country. He, however, expressed
confidence that the crisis would be
brought under control.
Bankole said there was no deadlock in
the state and urged political players to
seek for peace so that the country would
not be embroiled in violent crisis.
Speaking to newsmen yesterday at the
Murtala Muhammed International Airport,
Ikeja, Lagos, the Speaker recalled, “I
think I described it to you few weeks
ago. There is no deadlock. All I am
saying to you today (yesterday) is what
I had told you and what I had told
Nigerians a few weeks ago. What I just
want to do now is to pray for peace for
the election to be concluded and for us
to live in peace.”
The Speaker, who was accompanied by
heavy security guards on his arrival at
the airport told aviation correspondents
three weeks ago that he feared that
violence would disrupt the re-run
election which was held on April 25.
“Don’t forget that Ekiti, not too long
ago for six months, was under emergency
rule and those political players are
still on the field today. Don’t forget
1983, that concerns Chief Akin
Omoboriowo. Don’t forget operation weti
e here in 1965, I have a responsibility
not to allow any of these things happen
on my charge, are you understanding me?”
He then called on Yoruba elders to wade
into the matter so that things will not
become irreparable and that government
would stand firm to tackle any problems
that might arise from the election
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