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INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections - Politics - Nairaland

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INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by fergie001: 8:13pm On Mar 06, 2019
The Independent National Electoral Commission has come under fire after declaring Orji Kalu winner of a senatorial election in apparent disregard of its own guidelines.

Mr Kalu, a former governor of Abia State and candidate of the All Progressives Congress (APC), was declared the winner of Abia North Senatorial District election conducted on February 23, 2019.
Mr Kalu polled 31,201 votes, according to Charles Anumudu, the INEC returning officer for the district.

The incumbent senator, Mao Ohuabunwa of the Peoples Democratic Party (PDP), trailed Mr Kalu with 20,801 votes in the election.

However, Mr Ohuabunwa argued, and election and civic engagement experts agreed, that the election should have been declared inconclusive without a winner.

‘Arbitrary pronouncement’

According to a breakdown of the result by INEC, 38,526 votes were cancelled during the exercise, a number significantly greater than the margin of 10,400 between Messrs Kalu and Ohuabunwa.
“The election should have been declared inconclusive,” said election expert Samson Itodo. “There should have been a re-run in the district.”

Mr Itodo said INEC’s guidelines, drawn from Sections 26 and 153 of the Electoral Act, required a by-election when the margin of victory between highest and second highest votes scorers in an election is less than the total number of cancelled voters.

“This should not be that hard, we saw the precedent in Osun State governorship election last September,” Mr Itodo said.

The electoral umpire declared inconclusive, the governorship election that held in Osun State on September 22, 2018, citing insufficient lead by the PDP’s candidate in that election.

At the end of the collation of votes, the PDP candidate, Ademola Adeleke, won majority votes of about 254,698 votes while Gboyega Oyetola of the APC came a close second with 254,345 votes. Both leading candidates had a difference of about 354 votes.

The commission explained that the total registered voters in the five polling units where elections were cancelled is 3,498 votes. Since that figure was higher than the difference between the votes of the leading candidates, a re-run election had to be conducted, the INEC chief explained.

A re-run was held a few days later on September 28, and Mr Oyetola was declared the winner.

Similarly, in Abia South Senatorial District, INEC declared the election inconclusive after ballots were interrupted in some locations around Aba, the state’s commercial capital. Although leading by a good margin, incumbent Senator Enyinnaya Abaribe would have to wait until Saturday to know whether or not he would be returned to the Senate.

Mr Itodo said the senatorial election in Abia North should have similarly been declared inconclusive, warning INEC to be wary of arbitrary application of the law.

“We cannot have two different sets of electoral law,” Mr Itodo said.
As the nation prepares for governorship and state parliamentary elections on Saturday, Mr Itodo warned INEC officials to desist from declaring results under duress from politicians.

“Officials are coming under serious pressure to declare results without due process, and they often cave in,” Mr Itodo said. “This is a serious problem.”

Mr Itodo said politicians are exploiting a section of the electoral law that prohibits INEC officials from reversing themselves on pronouncements.

“The law says only the courts have the power to reverse any pronouncement by electoral officers, politicians know this and they are taken advantage,” he added.

Joseph Iloh, the resident electoral commissioner in Abia, was unable to clarify the decision more than a week after INEC had taken it, telling PREMIUM TIMES the matter would be addressed later by INEC.

It was not immediately clear whether INEC would reverse its decision before Saturday and allow supplementary elections to hold in the district, alongside several others were polls were cancelled on February 23.

A spokesperson for Mr Kalu was unavailable for comments Saturday afternoon. But an aide to the former governor said his principal should not be made to explain a decision taken by INEC.

“We are aware of the cancelled votes,” the aide said. “But all enquiries should be directed to INEC and not my principal.”
Mr Ohuabunwa argued that INEC cancelled over 31,000 votes in his home local government area of Arochukwu, where he expected huge returns.

The senator estimated about 76,889 votes were cancelled in across five local government areas that make up Abia North Senatorial District by INEC, but said even by the official figures of the commission, the election should have been declared inconclusive.

Mr Ohuabunwa, 61, has been in and out of the National Assembly since 1999 when he was first elected a member of the House of Representatives.

In 2015, he was elected senator representing Abia North, defeating Mr Kalu, who was the candidate of the Progressive Peoples Alliance, PPA, at the time.

Mr Kalu, who still has a corruption case with the Economic and Financial Crimes Commission (EFCC), challenged the results in court and received a judgment for a rerun in early 2016.

Mr Ohuabunwa was again declared the winner in the March 2018 by-election, and Mr Kalu challenged the results again in court. The Court of Appeal, however, affirmed the election of Mr Ohuabunwa in November 2017, sealing the former governor’s fate.

Mr Kalu decamped to the APC ahead of the 2019 elections.
Legal analyst Liborous Oshoma described the declaration of Mr Kalu as the winner of the election as a “terrible anomaly,” calling for urgent reform of the electoral process.

“There has to be a reform that would make it difficult for officials to just announce results and ask people to go to court,” Mr Oshoma said. “There have to be consequences for electoral officers making arbitrary and undue pronouncements that usually undermine the electoral process.”

“We can describe what happened in Abia North as a terrible anomaly, but INEC has a window to address it by conducting a by-election in the cancelled areas on Saturday,” the legal analyst said.


https://www.premiumtimesng.com/regional/nwest/317879-inec-under-fire-for-declaring-apcs-orji-kalu-winner-of-inconclusive-abia-north-senatorial-election.html
Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by TheFreeOne: 8:18pm On Mar 06, 2019
Every government institution is on the verge of total disrepute under current administration due to their desperation to retain power at all cost.


INEC...Smh. ..if due process and laws are being ignored/abused anyhow then is the country not tilting towards a banana republic?

183 Likes 9 Shares

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by DeAfricana: 8:20pm On Mar 06, 2019
The way APC govt is pushing this inec the will destroy them totally

146 Likes 6 Shares

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by senatordave1(m): 8:23pm On Mar 06, 2019
Op am disappointed in you,no wonder we always clash.i cant see anywhere where inec mentioned the total number of canceled votes im that zone.the people commenting are not even from abia.until we hear from inec the specific number if cancelled votes there,lthis thread is irrelevant.

11 Likes 1 Share

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by senatordave1(m): 8:24pm On Mar 06, 2019
DeAfricana:
The way APC govt is pushing this inec the will destroy them totally
Are you sure you read the post?

1 Like

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by fergie001: 8:51pm On Mar 06, 2019
senatordave1:
Op am disappointed in you,no wonder we always clash.you always do the wrong things,spreading propaganda everywhere.even a mad man knows that ouk clearly defeated the failed ohuabunwa,the people of that zone are with him.so where is all this coming from ? If the election of the failed t.a orji who is clearly hated in his constituency is not controversial,why should that of the popular ouk be in doubt ? Or are you pained that apc snatch a seat in your dear state ? Stop moving against the tide.
We don't clash...we never will.....for obvious reasons....


What state are you from and what LGA?
Be proud to say it,albeit for once

47 Likes 3 Shares

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by senatordave1(m): 8:54pm On Mar 06, 2019
fergie001:

We don't clash...we never will.....for obvious reasons....


What state are you from and what LGA?
Be proud to say it,albeit for once
Sister abi brother,we know each other wella.i told you apc will clear abia north,you no gree.
Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by fergie001: 8:55pm On Mar 06, 2019
senatordave1:

Sister abi brother,we know each other wella.i told you apc will clear abia north,you no gree.

For the records, I don't know you.... I know those who have names, respect, a state and LGA....
There goes him with his epistle again....hahahaha...funny

50 Likes 2 Shares

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by gidgiddy: 9:02pm On Mar 06, 2019
In that case Kalu should not have been declared winner since the margin of cancelled notes is far in excess of the margin of victory

I don't know why INEC has not commented on this matter

68 Likes 6 Shares

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by senatordave1(m): 9:07pm On Mar 06, 2019
fergie001:


For the records, I don't know you.... I know those who have names, respect, a state and LGA....
There goes him with his epistle again....hahahaha...funny
When would you congratulate ouk ?
Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by fergie001: 9:09pm On Mar 06, 2019
senatordave1:

When would you congratulate ouk ?
Go to the other thread and ask ogboru and okowa.... grin grin grin grin

5 Likes 1 Share

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by nameo: 10:07pm On Mar 06, 2019
senatordave1:
Op am disappointed in you,no wonder we always clash.you always do the wrong things,spreading propaganda everywhere.even a mad man knows that ouk clearly defeated the failed ohuabunwa,the people of that zone are with him.so where is all this coming from ? If the election of the failed t.a orji who is clearly hated in his constituency is not controversial,why should that of the popular ouk be in doubt ? Or are you pained that apc snatch a seat in your dear state ? Stop moving against the tide.

What are you about here?

Did you read the article you are commenting on?

The no of cancelled votes is more than the difference bewteen the two candidates. INEC declared both the cancelled votes and the difference between the candidates. By law, that should be declared inconclusive. It is that simple!!

By the way, this report is from Premium Times.

Also, take special note ofthe reactions said to be made by officials of INEC and APC here.

39 Likes 1 Share

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by senatordave1(m): 10:10pm On Mar 06, 2019
nameo:


What are you about here?

Did you read the article you are commenting on?

The no of cancelled votes is more than the difference bewteen the two candidates. INEC declared both the cancelled votes and the difference between the candidates. By law, that should be declared inconclusive. It is that simple!!

By the way, this report is from Premium Times.

Also, take special notes to the reaxtions said to be made by officials of INE and APC here.

How are you coping after atiku's loss ?
Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by Nobody: 10:34pm On Mar 06, 2019
senatordave1:
Op am disappointed in you,no wonder we always clash.you always do the wrong things,spreading propaganda everywhere.even a mad man knows that ouk clearly defeated the failed ohuabunwa,the people of that zone are with him.so where is all this coming from ? If the election of the failed t.a orji who is clearly hated in his constituency is not controversial,why should that of the popular ouk be in doubt ? Or are you pained that apc snatch a seat in your dear state ? Stop moving against the tide.

He is talking about upholding the constitution and you talking of imaginary people loving somebody.

The law is not sentimental.

39 Likes 2 Shares

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by Nobody: 10:35pm On Mar 06, 2019
I love igbos

6 Likes 1 Share

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by Dadaboddo: 10:35pm On Mar 06, 2019
Our electoral laws need serious reforms to close all these yahoo yahoo gaps.

I don't see any reason why all pre election court cases should be delayed till the dying minute. All these should be done maximum 1month to elections while all parties than don't have atleast 1million votes nationwide should be relegated to the state level jare.

5 Likes

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by Alejob: 10:35pm On Mar 06, 2019
Fire!

Inec why na
Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by abrojunior94(m): 10:36pm On Mar 06, 2019
Nice
Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by cr7lomo: 10:36pm On Mar 06, 2019
This whole election is a sham...this Mallam is the worst inec chairman of all time... anything that Buhari touches turns to disaster

38 Likes 3 Shares

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by Oyimeoyimemua(f): 10:39pm On Mar 06, 2019
Jega's inec Vs yakubu's inec, which one is more competent?

3 Likes

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by Giftednwaimo(f): 10:40pm On Mar 06, 2019
Hmm.....
Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by enoks(m): 10:41pm On Mar 06, 2019
senatordave1:
Op am disappointed in you,no wonder we always clash.you always do the wrong things,spreading propaganda everywhere.even a mad man knows that ouk clearly defeated the failed ohuabunwa,the people of that zone are with him.so where is all this coming from ? If the election of the failed t.a orji who is clearly hated in his constituency is not controversial,why should that of the popular ouk be in doubt ? Or are you pained that apc snatch a seat in your dear state ? Stop moving against the tide.
You are a custodian of unimaginable ignorance.

27 Likes 3 Shares

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by Sermwell(m): 10:41pm On Mar 06, 2019
senatordave1:
Op am disappointed in you,no wonder we always clash.you always do the wrong things,spreading propaganda everywhere.even a mad man knows that ouk clearly defeated the failed ohuabunwa,the people of that zone are with him.so where is all this coming from ? If the election of the failed t.a orji who is clearly hated in his constituency is not controversial,why should that of the popular ouk be in doubt ? Or are you pained that apc snatch a seat in your dear state ? Stop moving against the tide.
you get sense at all?? they said the margin is lesser than the cancelled votes, which by law should make the election inconclusive, and you are here spewing thrash!!

29 Likes 3 Shares

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by Heffe: 10:42pm On Mar 06, 2019
Govt. Of Impunity..no regard for rule of law and due process..spits

5 Likes

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by mytime24(f): 10:46pm On Mar 06, 2019
Zoo

2 Likes

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by asobo: 10:46pm On Mar 06, 2019
senatordave1:
Op am disappointed in you,no wonder we always clash.you always do the wrong things,spreading propaganda everywhere.even a mad man knows that ouk clearly defeated the failed ohuabunwa,the people of that zone are with him.so where is all this coming from ? If the election of the failed t.a orji who is clearly hated in his constituency is not controversial,why should that of the popular ouk be in doubt ? Or are you pained that apc snatch a seat in your dear state ? Stop moving against the tide.
Stop displaying your ignorance Mr man. Total number of votes cancelled is more than the difference between the alleged winner and the first runner up. This is simple arithmetic not calculus ooh

22 Likes 1 Share

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by Sufisunni: 10:47pm On Mar 06, 2019
Premium times seems too PDP of research liking. It has completely derailed from ethics of investigate journalism to mouth PDP and rumours monger
Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by EdoBozz(m): 10:51pm On Mar 06, 2019
senatordave1:
Op am disappointed in you,no wonder we always clash.you always do the wrong things,spreading propaganda everywhere.even a mad man knows that ouk clearly defeated the failed ohuabunwa,the people of that zone are with him.so where is all this coming from ? If the election of the failed t.a orji who is clearly hated in his constituency is not controversial,why should that of the popular ouk be in doubt ? Or are you pained that apc snatch a seat in your dear state ? Stop moving against the tide.

May God give you sense... Say Amen!!!
If you don't receive this prayer now, you may never have sense again so please receive it now now.

21 Likes 1 Share

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by asobo: 10:52pm On Mar 06, 2019
Sermwell:

you get sense at all?? they said the margin is lesser than the cancelled votes, which by law should make the election inconclusive, and you are here spewing thrash!!
Ordinarily one ought not to respond but we owe Nigerians and Naira lander's that to know the truth even if some gullible people would want to cow. Nice one bro

9 Likes 1 Share

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by Yahunemerem01(m): 10:54pm On Mar 06, 2019
fergie001:
The Independent National Electoral Commission has come under fire after declaring Orji Kalu winner of a senatorial election in apparent disregard of its own guidelines.

Mr Kalu, a former governor of Abia State and candidate of the All Progressives Congress (APC), was declared the winner of Abia North Senatorial District election conducted on February 23, 2019.
Mr Kalu polled 31,201 votes, according to Charles Anumudu, the INEC returning officer for the district.

The incumbent senator, Mao Ohuabunwa of the Peoples Democratic Party (PDP), trailed Mr Kalu with 20,801 votes in the election.

However, Mr Ohuabunwa argued, and election and civic engagement experts agreed, that the election should have been declared inconclusive without a winner.

‘Arbitrary pronouncement’

According to a breakdown of the result by INEC, 38,526 votes were cancelled during the exercise, a number significantly greater than the margin of 10,400 between Messrs Kalu and Ohuabunwa.
“The election should have been declared inconclusive,” said election expert Samson Itodo. “There should have been a re-run in the district.”

Mr Itodo said INEC’s guidelines, drawn from Sections 26 and 153 of the Electoral Act, required a by-election when the margin of victory between highest and second highest votes scorers in an election is less than the total number of cancelled voters.

“This should not be that hard, we saw the precedent in Osun State governorship election last September,” Mr Itodo said.

The electoral umpire declared inconclusive, the governorship election that held in Osun State on September 22, 2018, citing insufficient lead by the PDP’s candidate in that election.

At the end of the collation of votes, the PDP candidate, Ademola Adeleke, won majority votes of about 254,698 votes while Gboyega Oyetola of the APC came a close second with 254,345 votes. Both leading candidates had a difference of about 354 votes.

The commission explained that the total registered voters in the five polling units where elections were cancelled is 3,498 votes. Since that figure was higher than the difference between the votes of the leading candidates, a re-run election had to be conducted, the INEC chief explained.

A re-run was held a few days later on September 28, and Mr Oyetola was declared the winner.

Similarly, in Abia South Senatorial District, INEC declared the election inconclusive after ballots were interrupted in some locations around Aba, the state’s commercial capital. Although leading by a good margin, incumbent Senator Enyinnaya Abaribe would have to wait until Saturday to know whether or not he would be returned to the Senate.

Mr Itodo said the senatorial election in Abia North should have similarly been declared inconclusive, warning INEC to be wary of arbitrary application of the law.

“We cannot have two different sets of electoral law,” Mr Itodo said.
As the nation prepares for governorship and state parliamentary elections on Saturday, Mr Itodo warned INEC officials to desist from declaring results under duress from politicians.

“Officials are coming under serious pressure to declare results without due process, and they often cave in,” Mr Itodo said. “This is a serious problem.”

Mr Itodo said politicians are exploiting a section of the electoral law that prohibits INEC officials from reversing themselves on pronouncements.

“The law says only the courts have the power to reverse any pronouncement by electoral officers, politicians know this and they are taken advantage,” he added.

Joseph Iloh, the resident electoral commissioner in Abia, was unable to clarify the decision more than a week after INEC had taken it, telling PREMIUM TIMES the matter would be addressed later by INEC.

It was not immediately clear whether INEC would reverse its decision before Saturday and allow supplementary elections to hold in the district, alongside several others were polls were cancelled on February 23.

A spokesperson for Mr Kalu was unavailable for comments Saturday afternoon. But an aide to the former governor said his principal should not be made to explain a decision taken by INEC.

“We are aware of the cancelled votes,” the aide said. “But all enquiries should be directed to INEC and not my principal.”
Mr Ohuabunwa argued that INEC cancelled over 31,000 votes in his home local government area of Arochukwu, where he expected huge returns.

The senator estimated about 76,889 votes were cancelled in across five local government areas that make up Abia North Senatorial District by INEC, but said even by the official figures of the commission, the election should have been declared inconclusive.

Mr Ohuabunwa, 61, has been in and out of the National Assembly since 1999 when he was first elected a member of the House of Representatives.

In 2015, he was elected senator representing Abia North, defeating Mr Kalu, who was the candidate of the Progressive Peoples Alliance, PPA, at the time.

Mr Kalu, who still has a corruption case with the Economic and Financial Crimes Commission (EFCC), challenged the results in court and received a judgment for a rerun in early 2016.

Mr Ohuabunwa was again declared the winner in the March 2018 by-election, and Mr Kalu challenged the results again in court. The Court of Appeal, however, affirmed the election of Mr Ohuabunwa in November 2017, sealing the former governor’s fate.

Mr Kalu decamped to the APC ahead of the 2019 elections.
Legal analyst Liborous Oshoma described the declaration of Mr Kalu as the winner of the election as a “terrible anomaly,” calling for urgent reform of the electoral process.

“There has to be a reform that would make it difficult for officials to just announce results and ask people to go to court,” Mr Oshoma said. “There have to be consequences for electoral officers making arbitrary and undue pronouncements that usually undermine the electoral process.”

“We can describe what happened in Abia North as a terrible anomaly, but INEC has a window to address it by conducting a by-election in the cancelled areas on Saturday,” the legal analyst said.


https://www.premiumtimesng.com/regional/nwest/317879-inec-under-fire-for-declaring-apcs-orji-kalu-winner-of-inconclusive-abia-north-senatorial-election.html

Now they are talking. Those morons in INEC that brag themselves as Professors, yet behaving like touts.

10 Likes

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by anochuko01(m): 10:54pm On Mar 06, 2019
senatordave1:
Op am disappointed in you,no wonder we always clash.you always do the wrong things,spreading propaganda everywhere.even a mad man knows that ouk clearly defeated the failed ohuabunwa,the people of that zone are with him.so where is all this coming from ? If the election of the failed t.a orji who is clearly hated in his constituency is not controversial,why should that of the popular ouk be in doubt ? Or are you pained that apc snatch a seat in your dear state ? Stop moving against the tide.
you're a goat. useless political tool. can't you comprehend simple English?

13 Likes 2 Shares

Re: INEC under fire for declaring Orji Kalu winner of 'inconclusive' elections by funmike83(f): 10:55pm On Mar 06, 2019
Like for Jega share for Yakub

4 Likes

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