Mark And Bankole On Goofed On Power Of Tribunals On Rerun Elections
Posted: March 22, 2011 - 20:48
Posted by siteadmin


By Femi Falana
A fortnight ago, the Senate President, Senator David Mark and the House Speaker, Honourable Oladimeji Bankole misled the nation when they claimed at a public forum in Abuja that no tribunal or court can declare as elected any candidate via an election petition. Specifically, Honourable Bankole boastfully stated that “the worst a judge could do is to order a rerun and PDP would always win reruns”.

Since both leaders of the National Assembly deliberately set out to mislead Nigerians it is germane to direct their attention to Section 140(3) of the Electoral Act 2010 as amended which provides as follows:

“If the Tribunal or the Court determines that a candidate who was returned as elected was not validly elected on the ground that he did not score the majority of valid votes cast at the election, the Election Tribunal or the Court, as the case may be, shall declare as elected the candidate who scored the highest number of valid votes cast at the election and satisfied the requirements of the Constitution and this Act.”

In the light of the foregoing, it is crystal clear that the powers of a tribunal or court to declare as elected the candidate who scored the highest number of valid votes cast at an election has not been removed. Therefore, Messrs David Mark and Dimeji Bankole ought to withdraw their misguided statement and apologize to Nigerians without any delay.

FEMI FALANA.
(Chairman, National Conscience Party

seanet02:

Uncle FF always on top