The Deputy Governor of Ekiti State, Prof. Kolapo Olusola, who was the
Peoples Democratic Party (PDP) gubernatorial candidate in the recently
held governorship election in Ekiti State, has voiced out his
frustration about the Independent National Electoral Commission (INEC’s)
inability to oblige him with the Certified True Copies (CTCs) of the
July 14, 2018, poll.
Drawing from the statement of the
gubernatorial candidate who posited that he had requested and paid for
the Certified True Copies of the results, both at the state branch of
INEC and the national headquarters, it is disheartening and
disappointing that INEC is yet to make the Certified True Copies of the
results available to him almost two week after the announcement of the
result.
If INEC could compile or collate the results of all the
electoral polling booths, units, wards, councils, zones and finally to
the state level within 24 or 48 hours to announce the result, what could
be holding INEC from releasing the Certified True Copies to contestants
or petitioners two weeks after the announcement of the result?
INEC seems to constitute the worst challenge to free, fair and credible election in Nigeria, especially since 2015.
INEC
is supposed to be an unbiased arbiter or referee in issues that concern
election, but regrettable, recent experiences had brought to the fore
the partisanship of INEC.
INEC, as an institution or agency of
government, has a constitutional role to play as specified by the
Constitution of the Federal Republic of Nigeria and the Electoral Act.
A
situation whereby a contestant of a political party registered by INEC
is contesting an election with INEC as an opponent instead of other
political parties wherein INEC ought to be the referee is very dangerous
to democracy.
It is akin to Nigeria’s Super Eagles playing against Argentina in which the referee is an Argentine.
INEC should not lay a very dangerous precedent or template because no government will last forever.
Professor
Olusola paid to INEC to have access to the Certified True Copies of an
election INEC declared its result almost two weeks ago, yet INEC is
prevaricating to grant him his request.
Is INEC trying to doctor the result? Does it mean INEC announced an unprepared result?
This same thing happened during the gubernatorial election in Edo State in 2017.
I dare say that INEC will also apply the same template in the forthcoming gubernatorial election in Osun State.
The
Constitution of the Federal Republic of Nigeria and the Electoral Act
make it mandatory for a petitioner to file his /her petition within 21
days after the announcement of the result.
If the Constitution
and the Electoral Act could limit the time frame for filing of election
petition, it has become expedient for the both chambers of the National
Assembly to amend the Constitution and the Electoral Act with a view to
compelling INEC to make the Certified True Copies of election results
available to contestants or petitioners NOT later than Seven days after
the announcement of the result.
This is to enable a petitioner
use the remaining 14 days to study the results and file his/her petition
to the Election Petition Tribunal.
A situation whereby a
petitioner has not received the Certified True Copies 14 days after the
announcement of the result as lamented by Prof. Olusola limits him to
only seven days to study the voluminous results and file his petition to
the Election Petition Tribunal.
From my cursory observation, the pattern INEC used in Edo State is what it is using in Ekiti State now.
The
PDP candidate in Edo State gubernatorial election, Pastor Osagie
Ize-Iyamu lamented about INEC’s deliberate delay in granting him access
to the Certified True Copies of the results, and INEC only released the
results to him few days to the expiration of the mandatory 21 days to
file his petition thereby limiting his time to study the results.
His petition failed largely due to time constraint to file a comprehensive petition.
The
same method is being re-enacted in Ekiti State. INEC should not make
itself a political party or on interested party in an election it
superintends over.
INEC is funded with tax payers’ money and should be an unbiased arbiter.
The
relevant committees of the Senate and the House of Representatives
should strengthen Nigeria’s democracy by limiting the time frame for
INEC to make available the Certified True Copies of results to
contestants, which I suggest should not be more than seven days after
the announcement of the result.
Nigeria’s democracy will keep
moving around in vicious circle if INEC does not wean itself of
partisanship or dancing to the tunes of the government in power.
The
precedent or template this present INEC is setting may be used against
the present beneficiaries tomorrow if an evil one is set.
The
onus is on the National Assembly to quickly amend the Constitution and
the Electoral Act to check INEC’s indefinite time frame to make
available the Certified True Copies to petitioners and contestants,
especially as 2019 general election approaches.
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