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SEGA L’éveilleur®🚨 @segalink
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The electoral Bill should be looked into before the next election. Why should cancelled votes have impact on the decision of the electorates really? Was the cancellation done based on a natural disaster, an act of God or based on issues void of the fault of the voters involved?
When the provision of an act contravenes the constitution, the provision of the constitution supersedes. What exactly is the provision of the constitution with regards to the 2015 electoral guidelines of @inecnigeria on this matter? @AbdulMahmud01 🤔
It was held by the Court of Appeal, Enugu in Appeal No. CA/E/EPT/52/2015 between *Hon. Helen Nwobasi vs Hon. Sylvester Ogbaga & 2 others* (now reported):
"There is no provision of the Electoral Act enabling or requiring the returning officer to declare the election inconclusive because the margin of victory between the two leading candidates is less than the total number of registered voters in the polling units...
... whose elections were not held or cancelled, or for any reason.
By virtue of S.69 of the Electoral Act 2010 as amended, the only power a returning officer has in an election to any elective office is to count the votes and declare elected the candidate with the highest number of votes."
It has also been held by the Court of Appeal and Supreme Court in several decisions that INEC guidelines cannot be elevated above the clear provisions of the Constitution and the Electoral Act.
So we may be back to arbitrariness and laws cum guidelines will be applied as it favors the interest of those in power. This is another impunity by those who seem to thrive in futility. You may be witnessing the defenestration of our democracy. It’s either they win or ruin it all
INEC may have allowed the politics of those with upper hand get the best of them by not applying their guidelines across board in all situations. But did election actually take place in those Polling Units? Were votes counted & voided?
In fairness to @inecnigeria fresh poll wasn't ordered because votes already cast were voided in the course of counting. Rather Fresh poll has been ordered because election didn't take place in some polling units or that election was cancelled as a result of ballot snatching, etc.
The guidelines on which INEC acted upon, made pursuant to section 153 of the Electoral Act, form part of the Electoral Act & they give effect to section 69, which is subject to section 179 (2) & (3) of the Constitution 1999.
As noted by @AbdulMahmud01 that the result of any election conducted under the Electoral Act "shall be ascertained by counting the votes cast for each candidate "- see Section 69 of the Electoral Act.
No election took place in the four polling units in Ife-North and South, Orolu and Oshogbo- for the results to be ascertained by counting the votes cast for each candidate.
It is thus legally sound to conduct election in those 4PUs to ascertain the overall result of the Osun governorship election, considering the fact that the number of accredited voters in the four polling units is higher than the difference between the two leading candidates.
Bottom line here is that we must be vigilant even as we look forward and prepare to monitor the events on the set date. The will of the people will stand regardless.
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