The presidential candidate of the Labour Party, LP, Mr. Peter Obi, has accused the Independent National Electoral Commission, INEC, of bias, insisting that it ought to maintain neutrality in electoral contest between candidates.
Obi, in a reply he filed before the
Presidential Election Petition Court, PEPC, faulted the electoral body for
filing a preliminary objection in support of the President-elect and candidate
of the ruling All Progressives Congress, APC, Mr. Bola Tinubu.
He noted that both the Supreme Court and the
Court of Appeal had in the past, cautioned INEC not to place itself “in a
position where imputation of partiality in favour of one party against another
will be levelled against it.”
Specifically, Obi, who came third in the
presidential election held on February 25, recalled that the apex court
had in the case of Attorney-General of the Federation V. Abubakar (2007) 10
NWLR (Pto 1041), emphasised that electoral commission must not only embrace
neutrality as its watchword, but “must always remain fair and focused”.
According to him, “The first respondent,
forgetting its role as an electoral umpire, gave a Notice of Preliminary
Objection to challenge the alleged incompetence of the petition.
“The global best practice for electoral
umpires in national elections is that an electoral body must avoid creating the
impression that it has no respect for neutrality in an electoral contest
between candidates.
“The appellate courts have repeatedly
admonished the first respondent of its need to remain neutral in election
proceedings. However, the first Respondent hereof has remained impervious to
change.
“Therefore, it is not only an embarrassment
but a repudiation of the duty of the first respondent when it adorns the garb
of a contestant in an election it conducted as an umpire to raise preliminary
objection against an election petition as in the case hereof.
“The expectation is that INEC will maintain a
neutral stance in all litigations where participants in elections are
challenging the outcome of the elections and not indulge in filling objections
to the petition.
“The petitioners will before or at the
Pre-Hearing Session or at the hearing of the petition, urge the Honourable
Court to strike out and or to dismiss the first respondent’s Notice of
Preliminary Objection,” Obi added.
Besides, he described as “misconceived”,
INEC’s preliminary objection against the petition he lodged against the
declaration of Tinubu as winner of the presidential election.
“The first respondent’s contention that the
reliefs sought in the petition are not grantable is false and made in manifest
disregard of the specific and concise pleadings in the petition.
“The pleading in the 1st Respondent’s Notice
of Preliminary Objection that the allegation in paragraph 20(ii) of the
Petition is defective and does not disclose a cause of action, is wishful
thinking”.
Obi further contended that Tinubu was not
elected by majority of lawful votes cast at the election, adding that the
Appeal Court, which will sit as the tribunal for the presidential election
dispute, has the requisite jurisdiction to entertain and determine the real
issues in the petition.
“The Petitioners further aver that the
necessary parties as required by law for the determination of the instant
Petition are before the Honourable Court.
“The Honourable Court has the requisite
jurisdiction to entertain and determine the real issues in this Petition”.
More so, Obi contended that Tinubu’s running
mate and Vice President-elect, Kashim Shettima, was not validly nominated to
contest the presidential election.
“As at 14th July, 2022 when the 3rd
Respondent was nominated as the Vice Presidential candidate of the 4th
Respondent, the 3rd Respondent was still the Senatorial candidate of the 4th
Respondent for the Borno Central Senatorial District, his name not having been
withdrawn by the 4th Respondent as stipulated by Section 33 of the Electoral
Act, 2022.
“Borno Central Senatorial District is a
Constituency for the purpose of a Senatorial election. Likewise, the entire
Federation is a Constituency for election for the office of President and Vice
President.
“Until there is a valid substitution of a
candidate by a political party, the status quo remains and therefore the
submission of the 3rd Respondent’s Form EC 9 as Vice-Presidential Candidate of
the 4th Respondent did not automatically abrogate his subsisting nomination as
Senatorial Candidate for the Senatorial election for Borno Central Senatorial
District. The Petitioners’ case is not founded on Section 285(14) of the
Constitution of the Federal Republic of Nigeria 1999 (as amended)”, he argued.
Obi told the court that though LP had agents
that were positioned at various polling units during the conduct of the
election, he said INEC, unfortunately “failed and neglected to give clear
copies of the result of the election in the polling units (Forms EC 8A) to the
Petitioners’ Agents, as the pink copies given to the Petitioners Agents were
very faint and unreadable”.
“In reply to the new issue raised in
paragraphs 26 and 27 of the 1st Respondent’s Reply, the Petitioners aver that
the actual votes obtained at the polling units as shown in the Report
incorporated/pleaded in the Petition, show that the Petitioners won majority of
the lawful vote cast at the election, and met the constitutional requirement to
be returned/declared as the winner of the election.
“In further answer to the said allegation by the 1st Respondent, the Petitioners aver that the actual result of the election shows that the 2nd Respondent neither won the highest number of lawful votes cast in the election nor met the constitutional requirement, including securing the 1/4 of the votes cast in the Federal Capital Territory (FCT) to be entitled to be returned/declared as the winner of the Presidential Election.
“Indeed, by the 1st Respondent’s record, the
2nd Respondent is the first candidate since 1999 to be declared the winner of
the Presidential election without winning 25% of the votes cast in the FCT.
“The unlawful return/declaration of the 2nd
Respondent as the winner of the Presidential Election in the hasty
circumstances that characterized the said return/declaration is patently
unconstitutional.
“The Petitioners admit the averments
paragraphs 28, 29, and 30 of the 1st Respondent’s Reply; and in further
reaction to the new issues raised, state that the use of BVAS for the
transmission/upload of the result of the election in the polling units
electronically to the I st Respondent’s Result Viewing Portal (IReV) is
mandatory.
The Petitioners in answer to the issue of
“manual collation” stated in paragraph 31 of the Ist Respondent’s Reply, aver
that by the applicable Laws and Regulations, the legitimate mode for resolving
disputes at the collation is by resorting to the result uploaded on the IReV
using the BVAS. As of the date of filing this Reply on 21st April 2023, the
information on the 1st Respondent’s IReV Portal
(http://www.inecelectionresults.ng) shows that out of the 176,846 polling
units, the results submitted were in respect of 167, 433 polling units; and
that the percentage of the uploaded results on the IReV is 94.68%.
“In further answer, the Petitioners aver that
the Ist Respondent’s IReV containing the election result of the election in
the Polling Units (data of the election result) uploaded/stored on the IReV is
hosted on the AWS or the Amazon Cloud Platform.
“The Petitioners will at the trial rely on
the server logs for the IReV Server, as well as the server content of the AWS
Cloud Platform.
“In response to the issues raised in
paragraphs 44, 45, and 46 of the Ist Respondent’s Reply, the Petitioners aver
that for resolving disputes relating to the collation of the election result,
the only legitimate reference is to resort to the uploaded result from the BVAS
to the IReV”, Obi added in the process he filed through his team of lawyers led
by Dr. Livy Uzoukwu, SAN.
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