Enugu State chapter of the Inter-Party Advisory Council (IPAC) has urged the Independent National Electoral Commission (INEC) to release the results of the March 18 governorship poll immediately.
The chairman of IPAC in the state, Edwin Alor, told journalists that INEC had no powers under the law to review collated results.
On Monday, INEC suspended further collation of results in two local government areas of the state – Nkanu East and Nsukka – over allegations of overvoting and other electoral malpractices.
Mr Alor urged the Resident Electoral Commissioner (REC) in Enugu State and the State Returning Officer to urgently announce the election result without delay and declare the winner immediately.
He said any action short of the declaration would be outside the law and could bring anarchy to an already fragile situation.
“We note that the results of the 17 Local Government Areas (LGAs), including those of Nkanu East and Nsukka LGAs, were all collated by the Returning Officer on March 19, 2023.
“By the provisions of the Electoral Act 2022, the only other duty remaining for the State Returning Officer, who is acting on INEC’s behalf, is to add up the figures, announce them, and declare the winner in line with Section 64 (8) of the Electoral Act 2022.
“We state that the cancellation of an already made return by a Returning Officer can only be made if the Returning Officer made the return under duress, and such a complaint must come from the officer in question. These clearly do not apply to the Enugu situation.
“But the law in Section 130(1) of the Electoral Act is also mindful of making provisions for the adjudication of any complaint against a return made by the Returning Officer.
“Section 130(1) provides that no election and return at an election under this Act shall be questioned in any manner other than by a petition complaining of an undue election or undue return presented to the competent tribunal or court in accordance with the provisions of the Constitution or of this Act, and in which the person elected or returned is joined as a party.”
Mr Alor said the INEC collation centre is not an election tribunal or the law court where redress is sought, adding that the centre is to accept results as they come, collate and announce them, and ultimately declare the winner.
He said the remaining responsibility for the returning officer is to announce results and declare the winner, noting that INEC cannot be a judge in its case, if any.
He recounted that poll results were declared in Lagos, Rivers and Ebonyi despite reports of violence, ballot-snatching and other shortcomings.
“So, we see no good reason why the announcement of the final results and declaration of the winner in the Enugu State governorship election, which is adjudged comparatively free, fair and credible, should be placed on hold.
“This is for the mere desperation of a few individuals and at the expense of the masses that freely exercised their franchise and made a statement through their ballots.”
