₦airaland Forum

kahal29:
In a split decision of 2:1, the Osun State elections petition tribunal declared Adeleke the winner of Osun State election governorship election held last year.

The two tribunal members in their lead judgement based held that INEC was wrong to have declared the election inconclusive and a such there was no need for the supplementary election.

However it is my respected view that the tribunal erred in declaring the supplementary election null and void. This is because inec's power to declare an election inconclusive and also conduct a supplementary election has been upheld in the Supreme Court judgement between James Faleke and INEC 2016.

According to Justice KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, JSC

It is evident that a declaration as to who received the highest number of votes cast and who should be declared elected is to be made by the appropriate Returning Officer after the results have been ascertained by counting the votes cast for each candidate.

Section 133(1) of the Electoral Act also provides that the only venue to ventilate a complaint of undue election or undue return at an election is before a competent Court or Tribunal in accordance with the provisions of the Constitution or Act.

In effect, I agree with the finding of the court below that contrary to the submission of learned senior counsel for the appellant, Sections 179(2) and 181(1) of the Constitution are not self-executing. There must be a declaration or return of a candidate as the winner of an election before the sections become applicable. I agree entirely with learned senior counsel for the 1st respondent that to hold otherwise would lead to a situation where anyone could declare himself as the deemed winner of an election, which would certainly lead to anarchy. The electorate is also entitled to have the results of the election formally declared by an unbiased umpire.

This brings me to the next consideration, which is, whether the appellant and the late Prince Audu met the requirements of Section 179(2) of the Constitution. The lower court found, and I entirely agree that there was no declaration or return of any of the candidates who participated in the election of 21/11/2015 as winners having regard to the declaration of INEC that the election was inconclusive.

That declaration was made based on the provisions of Chapter 3 paragraph 3.11, step 14 of INEC’s Manual for Election Officials. The argument of learned senior counsel for the appellant is that the provisions of the Manual cannot be employed to amend or augment the provisions of the Constitution. It is not disputed that pursuant to Section 160(1) of the Constitution, INEC has the constitutional power to regulate its own procedure or confer powers and impose duties on its Officers for the purpose of discharging its functions. Sections 73 and 153 of the Electoral Act contain similar provisions to ensure the proper discharge of its functions. Section 73 empowers the Commission to publish in the Gazette, guidelines for elections "which shall make provisions for the step by step recording of the poll in the electoral forms as may be prescribed.... "while Section 153 empowers the Commission to issue regulations, guidelines or manuals for the purpose of giving effect to the provisions of the Electoral Act and for its administration. I agree with the finding of the lower court at page 1608 of the record that the above provisions give statutory backing to the Manual as a subsidiary legislation and that where it is found to be relevant, its provisions must be invoked, applied and enforced.

The relevance of INEC's Manual for Electoral Officers in the proper conduct of elections was acknowledged by this Court in the case of C.P.C Vs INEC (2011) LPELR – 8257 (SC) AT PAGES 54 – 55 F – B per Adekeye, JSC thus:

"By force of law the Independent National Electoral Commission has the duty of conducting elections. Besides the constitutional provisions, it is guided by the Electoral Act 2010 (as amended) and the Election Guidelines and Manual issued for its officials in accordance with the Act. These documents embody all steps to comply with in the conduct of a free, fair and hitch free election."

(Emphasis mine)

Having discovered electoral malpractices in 91 polling units in the State, it was proper for the 1st respondent to consult and apply the provisions of its Manual to determine the next course of action in the circumstances. I do not agree with Chief Olanipekun, SAN, with due respect that resort to its manual in the circumstances amounted to a flagrant disregard of the supremacy of the constitutional provisions as contained in Section 179(2).

Chapter 3 paragraph 3.11, step 14 of the Manual for Election Officials (updated version) at page 325 of Volume 1 of the record provides:

3.11: Final Collation and Declaration of Governorship Election Results at State Level:

The State Collation/Returning Officer for the Governorship shall:

Step 14: "Where the margin of win between the two leading candidates is not in excess of the total number of registered voters of the polling unit(s) where elections were cancelled or not held, decline to make a return until another poll has taken place in the affected polling unit(s) and the results incorporated into a new Form EC8D and subsequently recorded into a new form EC8E for Declaration and Return." (Emphasis mine)

The provision is clear and straight forward and did not require a foray into any other provisions in the Manual for it to be effected. There is no dispute as to the fact that the margin between the votes scored by the late Prince Audu and the appellant on the one hand and Capt. Wada and Arch. Awoniyi, on the other was 41,619, which was less than the total number of registered voters in the 91 polling units where votes were cancelled.

I therefore agree with the court below that the 1st respondent was correct to have declared the election inconclusive on the basis of the number of registered voters in the 91 affected polling units. Having regard to the clear provisions of the Election Manual, it would have been wrong for any electoral official to base his decision on any other consideration, such as the number of registered voters who had collected their PVCs,or the geographical spread of the votes already cast.

Clear and unambiguous provisions must be given their natural and ordinary meaning. Neither the court nor learned counsel is entitled to read into a provision what it does not contain.


https://nigerialii.org/ng/judgment/supreme-court/2016/84

bla bla bla bla bla.... You should be flogged. Go and wear wig and judge's gown and pass your own judgment since you know better than judges... Severe pains
Many of you should be placed on suicide watch starting from Tinubu.

seunmsg:
Oyetola remains the governor of Osun State and he would be in office for four good years. The kangaroo judgement that was delivered today cannot stand. The minority judgement delivered by the tribunal chairman upheld the election and disagreed with the majority ruling. I’m very confident that the court of appeal will upturn the judgement.

Serious pain You should be placed on suicide watch.

sexiestharam:
I have a question. Will Oyetola still remain as Governor while APC appeals the tribunal ruling or will Adeleke be sworn in today or tomorrow? I am confused.

APC will most likely file an appeal by Monday and they may be heard. They will file for an exparte order along praying or asking the court to stay the execution of that judgment pending the outcome of the appeal and status quo should be maintained, meaning that the APC governor will still be in power till whatever the court of Appeal decides.
Today is not a good day for APC as it's Friday and they can't run to court till Monday.

If the IG like let them deploy Tinubu and Oshiomhole as honorary CPs, the CP of Kano state they wait them. Tomorrow we go show APC and Ganduje shege.... When next they hear Kwankwaso name, they will pick race...

After this rerun, Governorship Election Tribunal hearing petitions will declare this rerun illegal just like what happened in Osun Governorship petition judgment.

This is serious. Congrats PDP!!! Looking at the fact that the tribunal declare the re-run illegal, it may somehow affect the re-run INEC want to conduct in some states sooner or later.
Appeal Court straight for APC

Atiku go get small hope now. This will ginger him big time. Infact this judgment don put Atiku for serious adreline rush, extra energy.

Denikayan:
The Emir should just find a way to poison him.

He is a disgrace to The Nigerian Police Force

Because e no gree rig for APC and Ganduje? See ur coconut head

This Saturday, we are sealing our mandate for PDP and Abba for Kano State Governor. CP Wakili, thanks for the good work done.

Rotentina:
Are you having comprehension problem?

No. I understood the article well.

ehissi:
Contempt of Tribunal, Olodo shi judge kobo kobo

All this kids will lack of upbringing sef...

Get involve in Kano politics? You will not leave with your body part complete if eventually you are able to leave there alive. Mc Oluomo and all the whole thugs of Lagos state will never attempt it sef.

To jail journalists for what? Contempt of court? Some judges think they can just be wielding their power anyhow. If this guy find a way to become CJN tomorrow, that means wahala dey o

Excaperx:
lies skekarau rode on buhari popularity to win the election, the man never has any base.

Osibanjo cant win kwakwanson. Never

Let them combine Osinbanjo/El-Rufai ticket, they will still be beaten black and blue against Kwankwaso.

bigerboy200:
Kwakwanso is overrated jare. He was beaten black and blue like a common thief in the last presidential election.He couldn't even win a single local government in Kano. mind you, in the inconclusive guber election in kano, the scandalous Ganduje won in 24 LGA, while your kwakwanso backed candidate who is his in law as well won in 19 LGA (though with more total votes as it stands now). My point is Kwakwanso is very much beatable. Instead of you all to chill till 2023, you are here doing some political miscalculations and deluding yourselves like you did with Atiku. mtsceeew.

Overrated where? This same Kano I am? Let me tell you for your info, Kwankwaso didn't even move an inch to garner vote for Atiku. He's after the gubernatorial election. You really think Ganduje won most of those 24 LG? They are mostly from the rural area where rigging was done easily since Kwankwaso strong base in inside Kano city. Kwankwaso is a force to be reckon with. Deal with it. Stop following what the media is feeding you like a zombie. Come here and shout APC and Ganduje, and see if your head will not be ripped off from your neck.

CaptainMarvel:
I think fashola is APC's best bet in 2023. Even PMB's body language tells it all. a fashola's candidacy backed by buhari will beat kwankwaso squarely in Kano

Dreamer . Fashola against Kwankwaso? That's an insult.

Bagandozhi... This is a sad news to the people of Patigi and the Nupe Kingdom entirely. May his soul rest in perfect peace, Amin.

All this kind funny question sef. How can you put Osinbajo and Kwankwaso in the same sentence? Its impossible for Osinbajo to defeat Kwankwaso in a presidential race. Oh, APC supporters think that they have solid ground because they won this 2019 election? For your information, the moment Buhari leaves APC at the end of his tenure, Thats the end of the party. If PDP should present a Northerner like Kwankwaso and APC did the mistake of presenting Osinbajo, hehehe.... I rest my case

Sadiqali24:
Kano state governor carrying a head pan at a construction site in one of the wards slated for the rerun election on Saturday.
the beauty of democracy, isn't it?

The way you guys spread propaganda is too serious. Why post false info with pix? That's an old pix dating back to last year.

GODISGREAT123:
The case will last maximum of 240 days

180 Days @ Tribunal

60 Days Supreme Court

90 days for Supreme Court, not 60 days.

Hofbrauhaus:
Thank you. This doesn't include supreme court, does it?

Appeal on Presidential election petition tribunal lies to the Supreme Court straight. So Supreme Court has 90 days to conclude and give judgment.

10 trillion. The way you guys call money sometimes is very funny. There are some money you don't call anyhow, this is one of it. They want to jack it up so as to jack up their allowances.

Hofbrauhaus:
Atiku would definitely win at the tribunal. APC would definitely appeal. Until it gets to the supreme court.

I don't really know how it works. How long is it supposed to take? 1year? 2years? 3years? 6months?

Timing is everything..

Mynd4

Election petition at tribunal take maximum of 180 days to be concluded and judgment delivered. The time cannot be enlarged or expanded by the court. So the matter is to be heard and disposed within 180 days. If their is any appeal to that effect, the judgment for that appeal has to be determined within 90 days.
180 days + 90 days = 270 days (around 9 months) Everything including initial petition and appeal if any has to be completed within this period.

Epic fail. At first, as I read the article, I was wondering how can Kwankwaso be so shallow to utter such statements when victory as not been claimed yet(God's willing PDP will win Kano), then I could see it's the handiwork of APC desperados. Fake and misleading article...

Daviddson:
I know the guy's full name on Facebook. His surname is Ngige like you said. He schooled in UNIZIK. His first name begins with M and his middle name begins with a C. Alot of personal information are on his Facebook account, but I won't disclose his full name.

M**h*a* Ch***me** Ngige

Gossipninja:
Governor Ganduje flees as Kwankwisiya group stromed Kano state government house.

Following the outcome of Saturday's Gubernatorial election, the whole of Kano is on frenzy due to the activities of PDP and APC supporters across the state.

According to a twitter user who shared the video, he claimed the Kano state governor fled after the red cap members of Kwankwasiya took over the government house.

Watch the video HERE

cc: lalasticlala dominique Mynd44

In as much as I'm a PDP suppoter for Kano alone, this your post and video is false. The house where people are chanting and singing is Kwankwaso house at Nasarawa GRA. Stop feeding people with false info.

senatordave1:
If you are useless,no party is.they noticed it on the day of the election and being Saturday couldn't do anything.they filed a suit on Monday and they have gotten a ruling today.before the eyes of the law,all parties are equal and useful.what you should be asking is if the party logo was omitted by inec or not

Senior Advocate of Nonsense... This is an academic exercise and the judgment will not hold any water. See it appealed in a jiffy. Cos you are an APC suppoter doesn't mean you shouldn't use your thinking faculty where it matters. Mind you, I'm neither an APC or PDP supporter.

I was stating it here few days ago about what extent this Kano youths can go to get their mandate, some think I was blabbing. Let anything funny happens in this re-run against PDP, you will be here on Nairaland to witness it.

Sirjamo:
You are a bloody fuul. Who needs that useless puppet called Abba in kano government house? You think the kwankwasiya thugs concentrated inside kano metropolis are good for the city?

E pain am! Tell that to ur dumb brain. Dead brained dimwitted idiot like the confused Kano APC governor...

Abba and Kwankwaso looking u like

Sirjamo:
Any district head or local government chairman that fails to deliver his constituency should be ready to lose his position.

Buhari cannot be giving us the integrity bullcrap, we need at least 30 thousand soldiers and 20 thousand mopol for the rerun. Kwankwasiya blood sucking cult group must be buried permanently.

Bloody tout. Severe painment.... Not even you or Buhari can stop Kano people from voting Abba...

Daft governor. He doesn't think before he act. There are some things you do low key without the public knowing. This is one of them. The Commissioner of Police won't do your bidding and you decided to go 'upstairs' to influence the removal. Only a shameless public officer who don't have any dignity to protect will do this barawo of a governor bidding.

Abba Kabir Yusuf, Our incoming Governor InshaAllah

Shuku0kukobambi:
Actually 2 elections stand out as the perfect representation of the people's will: Kwara is number 1, Oyo state is number 2.

APC won Kwara, PDP won Oyo

Add Kano PDP

Just announced now. Though I don't have any business with Imo politics... Abba Kabir Yusuf of Kano State is a goal.