The Governorship elections held in Imo state on April 11 may be
cancelled outright and a fresh exercise organized by the Independent
National Electoral Commission (INEC).
INEC is currently preparing for supplementary elections in over 200
polling units spread across 23 local government areas where over
150,000 votes were cancelled.
The need for fresh election is being canvassed on three strong points
which sources say INEC is set to buy into, and which an amalgam of
civil society groups and constitutional lawyers under the auspices of
Association for Good Governance insist is the only way to go.
First, the use of permanent voters card (PVC) in Imo was the worst in
the entire governorship election held anywhere in Nigeria on April 11.
Data obtained by INEC shows that Imo state had 20.4 per cent usage-
which was the lowest in the country.
For instance, states like Jigawa, Ogun, Kano and Katsina recorded an
average of 90 per cent where Governorship elections after
Anambra-which did not hold any governorship elections. INEC's clear
guidelines before the election were instructive that only PVCs must be
used for the governorship and state assembly elections. Where the PVC
failed to work, the election should be moved to the next day. With
just 20.4 per cent, it was obvious that the election in Imo state was
not in compliance with INEC guidelines.
Munonye Ikechukwu, the Governorship candidate of Hope Democratic Party
is another case being cited for the cancellation. Mr. Ikechukwu's name
and that of his party's logo did not appear on the ballot . The court
of appeal's decision in Nnamdi Igbokwe's case in 2011 is being cited
as a legal precedent in looking at the matter.
The court appeal held that in a case where INEC fails to display a
party's name and symbol on a ballot paper for an election that the
election stands cancelled. It means that the party and its candidate
have been denied the constitional right to put themselves up for an
election. Secondly, the constitutional rights of the voters who are
supporters of the party and the candidate would have been abridged if
the party's name, the candidate's name and their logo did not appear
on the ballot.
A reliable source in INEC revealed that after the announcement of the
supplementary election date, the commission was made aware of the
implications of the emerging development.
The case being made to INEC is that rather than waste resources to
conduct a supplementary election, the foundation of which is a flawed
process; it would better to conduct a fresh election in the 27 local
government areas.
The reason for this, according to Chineme Uhuegbu, a well-known legal
analyst, are as follows: a fresh election would correct the gross
irregularity in the use of the PVC in Imo state governorship election,
which is the worst in the entire country.
Secondly, it would correct the legally fatal non-usage of the name of
the Hope Democratic Party's name and logo on the ballot which is a
clear ground for the cancellation of the governorship election.
Thirdly, the conduct of an entirely fresh election would help avert
imminent crises in Imo state which could lead to loss of lives and
property.
Fourthly, since INEC wants to use the PVC to check irregularities in
elections in Nigeria, a 20 per cent usage makes nonsense of its avowed
resolve to conduct a credible election.
Wale Oguade, a Lagos based lawyer, and President of Voters Awareness
Initiative strongly argued that based on the violation of the INEC
guidelines on the use of PVCs in Imo state, coupled with omission of
the name and logo of Hope Democratic Party on the ballot, the entire
elections in the state ought to be cancelled. He added that it would
be a waste of time and tax payers' money to conduct supplementary
elections that would eventually be set aside by a law court.
Another Lagos based constitutional lawyer, Mrs. Uche Okonkwo, insisted
that the entire election should be cancelled. She argued that it
would amount to injustice for many people who registered to vote to be
disenfranchised, where as those who had their PVCs which the card
readers could not read, were allowed to vote. She opined that it is
either INEC allows every eligible voter to vote without PVC or allow
for PVCs being used.
Given these fundamental issues being raised, another legal practioner,
Sonnie Ekwowusi is also of the view that with the scandalously low
usage of the PVC in Imo state coupled the alleged omission of the name
and logo of Hope Democratic Party, the election ought to be cancelled.
Read more at DailyTimes:
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