Former President of the Nigeria Bar Association, Chief Wole Olanipekun SAN, has criticised Section 65 of the Electoral Act 2022 on Wednesday, which empowered the returning officer of the Independent National Electoral Commission to return a candidate and also review his decision.

Olanipekun, who said that the act is dangerous to the polity and democracy, said[b] “the returning officer is not a court of law, not a tribunal, and is not vested with jurisdiction to exercise quasi-decision or to assume jurisdiction over any matter that is judicial in nature.”[/b]

Section 65(1) of the Electoral Act states, “The decision of the returning officer shall be final on any question arising from or relating to (a) unmarked ballot paper; (b) rejected ballot paper; and (c) the declaration of scores of candidates and the return of a candidate:

Provided that the commission shall have the power within seven days to review the declaration and return where the commission determines that the said declaration and return was not made voluntarily or was made contrary to the provisions of the law, regulations, guidelines, and manual for the election.”

However, the legal luminary, who spoke in a chat with journalists in Ado Ekiti, the Ekiti State capital, after a visit to Governor Biodun Oyebanji, said, “The Chief Returning Officer is the Chairman of INEC, meaning he can return someone as President today and tomorrow when there are agitations here and there, he may withdraw his decision, saying, ‘I am revising myself, and I am now returning somebody else’.

“To me, it is a very dangerous section, so novel in the sense that it empowers a returning officer after returning to review his decision within seven days.”

According to him, with that section of the Electoral Act, “You are giving a returning officer and, by extension, INEC, the power to do and undo. When you now invest in an INEC returning officer, the ability to do and undo, to return and review his decision, is dangerous to the polity.”

Olanipekun, who said he was not aware of any similar section in any previous Electoral Act or any similar section in any of the electoral acts of any country in the world, expressed surprise that the National Assembly allowed that section to creep into the Electoral Act, which they submitted to the President, Major General Muhammadu Buhari (retd), for signing.

The legal luminary, who said the National Assembly could still remove the provision, called on all stakeholders, particularly the political parties, to monitor INEC and the returning officers so that nothing untoward happens to any party or candidate returning to be revised.

You did wuruwuru. INEC legalised it. Yet you are still afraid. You said aggrieved person should go to court. They did! Yet you were calling for peace and understanding for an election you claimed you won.

Well, the 7 days period for INEC to reverse its illegality is passed. Then watch God do His own in this country. He is a God of justice.

“The Chief Returning Officer is the Chairman of INEC, meaning he can return someone as President today and tomorrow when there are agitations here and there, he may withdraw his decision, saying, ‘I am revising myself, and I am now returning somebody else’.

According to him, with that section of the Electoral Act, “You are giving a returning officer and, by extension, INEC, the power to do and undo. When you now invest in an INEC returning officer, the ability to do and undo, to return and review his decision, is dangerous to the polity.”

haffaze777:
Wole olanipekun baba baba won

Racoon:
You did wuruwuru. INEC legalised it Yet you are still afraid. You said aggrieved person should go to court. They did! Yet you were calling for peace and understanding for an election you claimed you won.

CallmeTrinity:
Are they afraid Tinubu is about to be returned to the retirement home and the decision of the last election refunded ?

🤣🤣🤣🤣

This tribe is so funny ehn 🤣🤣🤣

CallmeTrinity:
Are they afraid Tinubu is about to be returned to the retirement home and the decision of the last election refunded ?

🤣🤣🤣🤣

This tribe is so funny ehn 🤣🤣🤣

Dentidon:


Which wurururu? Dey use your brain small!

How did the Obi who came third win the election? You dey mad?

Fintiri:


You are afraid to stand on ya shaky shaky mandate?

Legitisreal:
To me, it is a very dangerous section, so novel in the sense that it empowers a returning officer after returning to review his decision within seven days.”

The seven days for that don pass na

Philgafauto:


You shall know soon. Don’t worry.

You are dealing with Nigerians whose mandate you have stolen.

Legitisreal:
To me, it is a very dangerous section, so novel in the sense that it empowers a returning officer after returning to review his decision within seven days.”

The seven days for that don pass na

Dentidon:


Stolen? I know Ipob gene is dumb but try use brain small!

haffaze777:



Obiliar can never rule niaja 🤣🤣🤣🤣

Philgafauto:


Everybody against APC is igbo to you.

Ok, my name is Chinasa IPOB. I hope you are happy now abi?

Dentidon:


No one cares about whatever you claim to be. I'm only asking you to use your brain regardless of how dumb it could be! Of course we know Ipob gene are dumb.

Philgafauto:


Oya now, omo eran….we Nigerian IPOB will claim our mandate in court. Shebi olo stupid ni? Wa kogbon nita ti oba keko ni ile baba e.

Most of you are tribal to a fault and we shall root of out of Yoruba land. The redemption of yorubaland will start with Tinubu’s impending fall.

Just watch.

Houseontherock1:


Today is March what again? Way past the window period of 7 days to withdraw. By the way, Olanipekun said this in Ekiti on the 18th of January 2023, the op deliberately made it look like he just said it!

The section 65(c) as signed into law by President Muhammadu Buhari last year states that, ” declaration of scores of candidates and the return of a candidate : Provided that the Commission shall have the power within seven days to review the declaration and return where the Commission determines that the said declaration and return was not made voluntarily or was made contrary to the provisions of the law, regulations and guidelines, and manual for the election.

press9jatv:
Inec returning officer have done that in Kano State on doguwa case.

Fintiri:


Go to court and stop shouting with mouth odour

Dentidon:


Which wurururu? Dey use your brain small!

How did the Obi who came third win the election? You dey mad?

CSTRR:

When the distance between first and third is just 2 million votes.
2 million votes that two or three states can give.

With that level of rigging on display, he may as well come first.