OSUN GUBER: We’ll challenge INEC’s decision in court, says PDP

By Editor on 25/09/2018

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Adeleke
Adeleke

The Peoples Democratic Party said in Abuja on Monday that it would head to court to quash the alleged illegal declaration of the Saturday Osun governorship election as inconclusive by the Independent National Electoral Commission.

The party said the polls had already been concluded and results announced in all polling and the collation centres, thus bringing the exercise to its lawful conclusion, which had removed INEC powers to declare the election inconclusive.

The National Publicity Secretary of the party, Mr Kola Ologbondiyan, who gave the party’s position in a statement in Abuja, said the electoral law was clear that once an election result was declared, INEC was bound to declare a winner.

He said INEC, in allegedly trying to play the card of the All Progressives Congress, contravened the law by refusing to announce a winner when the declared results had thrown up a winner.

He said, “Section 69 of the Electoral Act, 2010 (as amended) states 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 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.’

“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 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 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 inconclusive.

“We demand that INEC Chairman, Prof. Mahmood Yakubu, summon the courage to do the needful by declaring our candidate, Senator Ademola Adeleke, as winner.”

“The PDP is heading to the court to quash the illegal declaration.”

Ologbondiyan boasted that if the Osun governorship election was conducted over and over again, the PDP would still win, adding that the people of the state had chosen the PDP and its candidate, Adeleke.

Posted 25/09/2018 06:08:15 AM

 

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