• Push for fresh poll
By Lateef Ibrahim, Abuja
Vice Presidential candidates of the Peoples Democratic Party, PDP, and Labour Party, LP, Dr Ifeanyi Okowa and Hon. Yusuf Datti Baba-Ahmed respectively have called for the cancellation of the last Saturday’s presidential election, describing it as a sham.
Both Okowa and Baba-Ahmed specifically called on the Prof Mahmood Yakubu -led INEC to thread on the path of honor by canceling 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 Vice Presidential candidates of the PDP and LP made the call at a joint press conference addressed by them on Tuesday in Abuja.
They argued that the last weekend’s election was neither free nor fair but a sham because transmission of the results was not in tandem with the Electoral Act and the INEC guidelines.
“Finally, we call on the commission to thread on the path of honor by canceling 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”, they said.
Reading the resolution of the two presidential running mates, PDP’s Okowa said that last weekend’s election was neither free nor fair but a sham because transmission of the results was not in tandem with the Electoral Act and the INEC guidelines.
They stated that INEC, no doubt, is under a statutory obligation to transmit election results electronically in line wilt provisions of section 149 of the Electoral Act 2022 and the 1999 constitution as amended.
According to them, “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,” they insisted.
They maintained that polling units results are the pyramid upon which other results are built.
The two Vice Presidential candidates said, “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:
*Electronically transmit or transfer the result of the Polling Unit, direct to the collation system as
prescribed by the Commission.
*Use the BVAS to upload a scanned copy of the EC8A to the INEC Result Viewing Portal (IReV), as prescribed by the Commission.
*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.
Continuing, they said, “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”.
They stressed further that 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 honor by canceling 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”, they insisted.
