The Independent National Electoral Commission (INEC) Monday asked the Resident Electoral Commissioner Habu Ari, who illegally announced the wrong governorship election result in Adamawa state to stay away from the commission’s office in the state.
On Sunday morning when newsmen, observers and party agents had gathered for the resumption of the collation of results of Saturday’s supplementary governorship elections, Ari breezed in at 9.00am and declared Senator Aisha Dahiru Ahmed(Binani)of the All Progressives Congress (APC) winner of the election.
As a first step, the electoral body disowned the REC’s decision, saying it’s null and void.
And further to that, in a letter Monday, INEC Secretary Rose Oriaran-Anthony said the commission also directed the administrative secretary in the state to take charge of its activities with immediate effect.
This comes barely 24 hours after Ari was summoned to the commission’s headquarters in Abuja.
“I hereby convey the Commission’s decision that you (Barr. Hudu Yunusa Ari), Resident Electoral Commissioner, Adamawa State should stay away from the Commission’s office in Adamawa State immediately until further notice,” parts of the letter read.
“The Administrative Secretary has been directed to take full charge of INEC, Adamawa State with immediate effect,” the letter added.
It was not clear if the REC obeyed the directive that he should report to Abuja, as INEC’s spokesperson, Festus Okoye, did not respond to calls when one of our reporters sought some clarification in this regard.
Ari’s decision triggered a controversy that led to the harassment of an INEC National commissioner, Abdullahi Zuru, who was in Adamawa for an official assignment.
Zuru, a professor, was mistaken for the REC and stripped half naked in a viral video circulating on the social media.
Governor Ahmadu Fintiri who is the People’s Democratic Party (PDP) candidate in the election, called for calm just as his party asked for Ari’s arrest.
CDD’s call
Meanwhile, the Centre for Democracy and Development (CDD) has called on INEC to immediately put in place the appropriate process to sanction the erring REC, saying his action is capable of undermining law and order in Adamawa state.
CDD similarly called for the process as spelt out in the law to be followed promptly to declare the winner of the governorship election.
In a statement issued in Abuja, CDD Director Idayat Hassan said: “We call on all participants in the process and stakeholders across the state to remain calm and maintain the peace.
“We urge INEC to ensure prompt conclusion of the process in line with provisions of the Electoral Act and other extant guidelines.”
She said the CDD observed with utmost concern, the unhealthy twist of events involving the INEC Resident Electoral Commissioner (INEC) who illegally took over the responsibility of the Returning Officer by declaring the result of the governorship election.
“CDD unequivocally condemns this brazen violation of the clear provisions of the Electoral Act 2022. The Electoral Act, 2022 makes it abundantly clear in Section 25 (2f) that: “The returning officer shall announce the result and declare the winner of the election at the State Collation Centre in the case of election of a Governor of a state.
“It is an affront on the laid down procedure for the Resident Electoral Commissioner to have gone ahead to make the announcement when he is not empowered by the law to do so.
“Apart from the fact that such a step is patently illegal, the action of the REC is capable of provoking the breakdown of law and order in the State, considering the tense political atmosphere in the State given the inconclusive governorship poll and the subsequent supplementary poll”.
Abbo faults commission
But an APC lawmaker representing Adamawa North Senatorial District, Senator Ishaku Abbo, claimed the Electoral Act as amended in 2022, bars INEC from declaring the collation of results in Adamawa state null and void.
Speaking in an interview on Channels TV Sunrise Daily Monday, Abbo said INEC lacks the power to nullify an election that has been announced.
“They cannot suspend collation. INEC cannot nullify an election that has been announced, they don’t have that power.
“Elections have been announced, it is out of their hands. The result has been announced by the REC. Section 65 does not operate in isolation, there is section 149,” he said.
He further hinged his position on Section 149 of the Electoral Act of 2022 which states thus: “Notwithstanding any other provisions of this act, any defect or error arising from any actions taken by an official of the commission in relation to any notice, form, or document made or given or other things done by the official in pursuance of the provisions of the constitution or of this act, or any rules made there under remain valid, unless otherwise challenged and declared invalid by a competent court of law or tribunal.”
Omokri on coup possibility if…
Also in a reaction, a former media aide to former President Goodluck Jonathan, Reno Omokri, warned that the development in Adamawa could lead to military coup.
In a video message posted on his YouTube account Monday, he said: “I will like to counsel the Buhari’s administration to be careful, very careful over what is happening in Adamawa State. History does not repeat itself, men repeat history. And we know that the best predictor of future events is past events.
“Why did the second republic fall? It fell because…The trigger was what happened in Ondo State. In Ondo State, the ruling party was so hell-bent on taking that State. And then, they sent in soldiers, they sent in troops. They sent in a rogue FEDECO Commissioner. FEDECO that is the de-facto of today’s INEC. And then, the same thing that just happened in Adamawa happened in Ondo State. They illegally declared Akin Omoboriowo the winner of the election.
“And then, the people were not having it. Michael Adekunle Ajasin who was the popular candidate, who was the incumbent, who was the well-loved candidate…I mean, he didn’t have to do anything. It was the people of Ondo State that rose up, they beat up FEDECO officials, they faced the army. A lot of people died. And then, it was going to a breakdown of law and order, then the military ceased power.
“We don’t want a military government in Nigeria again. But then we gotta be smart. We gotta learn from history.”
Lawyers speak
Baring their minds on the developments, two Abuja-based legal practitioners, Barr. Anayo Adibe and Emmanuel Ekwe, condemned the REC’s action, saying it portends bad omen for Nigeria’s electoral jurisprudence.
They spoke Monday in separate interviews with Blueprint.
Adibe, who condemned the REC in strongest terms, noted that his action had all the elements of the offence of treason, subversion of State and offences under the Electoral Act.
Adibe added: “The most worrying in all of this is the conspiratorial silence of the Presidency. Those looking for who to charge, may have just had their man delivered on a platter.”
Also speaking, Ekwe described the declaration of the purported result of the gubernatorial election in the state by the REC, even before the conclusion of collation, as a clear indication that the go-to-court mantra has fast gained momentum and that it’s very unhealthy for Nigeria’s electoral jurisprudence.
Ekwe said: “It is obvious he carried out the act to shift unnecessary burden to the judiciary in recent times. The phrase “go-to-court” has become the order of the day.
“Without spending so much words, the said declaration is illegal, null and void as it is in contravention of Section 64 & 65 the Electoral Act 2022 & Part 3 of the INEC guidelines which vests the power to declare results solely on a returning officer appointed by INEC.
“It is my considered view that the REC should be prosecuted for making such illegal declaration which is an act of criminal usurpation of the duties and powers of the Returning Officer so as to serve as deterrent to others” planning similar act.