A constitutional and human rights lawyer, Festus Ogun, has justified the nullification of the results of the Adamawa State gubernatorial results.
Barrister Ogun gave his reasons while commending the Independent National Electoral Commission (INEC) for taking such a proactive step.
According to Ogun, INEC was right to nullify and invalidate the purported declaration made by the Resident Electoral Commissioner in Adamawa.
“Ideally and legally, the REC lacks the vire to return Banani, assuming she eventually won the election. That power can only be exercised by the Returning Officer,” Ogun said.
He added, “The REC, therefore, did not only act ultra-vires (beyond his powers), the declaration was all together invalid because the results were not finally collated at the material time he made the dangerous declaration. It was premature and constitutes a miscarriage of electoral justice.
“Assuming the declaration was even made by the Returning Officer and the Commission later finds within 7 days that it was made in violation of the Electoral Act and or Guidelines, INEC is empowered by Section 65(1) of the Electoral Act, 2022 to review the result and do the needful.”
He continued, “That said, all those involved in the treasonous declaration, including but not limited to the REC and Adamawa Commissioner of Police, must be arrested and prosecuted accordingly for treason.
“Should INEC allow this matter to die down without the perpetrators of the brazen illegality facing some consequences, then, it shall set a perilous precedence. Impunity reigns in this country because there are no consequences for impunity.”
He also commended the timely intervention of the judiciary.
“Kudos to the judiciary for saving our democracy and itself from the booby-trap packaged in form of a lawsuit. May the wishes of Adamawa people prevail in the end,” he said.
“The fact that my noble Lord of the Federal High Court, Abuja declined Aisha Binani’s request to be recognised as Adamawa governor-elect is indeed commendable. That lawsuit is an improper use of legal process to achieve a desperate result,” he concluded.
The governorship candidate of the All Progressive Congress (APC) in the 2023 governorship election in Adamawa State, Aishatu Dahiru, popularly called Binani, has asked the Federal High Court in Abuja to stop the Independent National Electoral Commission (INEC) from voiding an illegal declaration that named her as the governor-elect of the state.
The Leadership newspaper reports that Binani asked the court for an order prohibiting the election umpire from taking any further steps towards the declaration of the winner of the election pending the determination of her application for judicial review.
