Remove Indicted Officials From INEC Now!

Last week, the Court of Appeal sitting at Asaba annulled the fraudulent election of Dr. Emmanuel Eweta Uduaghan as the Delta State Governor. In its judgment the Appeal Court found that the return made by the Independent National Electoral Commission in favour of Dr. Uduaghan was illegal as election did not take place in 14 out of 25 Local Governments in the State. In the judgment, the 5 Justices of the Court unanimously held as follows:

“The voters in these fourteen Local Government Areas were disenfranchised because of the non-compliance with the Act. This, in our view, amounted to substantial non-compliance that vitiated the entire exercise. This means that the first respondent did not satisfy the mandatory requirement of section 179(2) of the 1999 Constitution. In a word, he did not secure the mandate of the electorate in the two thirds of the local governments of Delta State before mounting the gubernatorial saddle as their Governor.

In the circumstance, we have no choice than to enter an order dismantling his over three and half years’ illegal occupancy of the Government House which is the very symbol of the people’s mandate: indeed, his illegal habitation of the said Government House for the said period of time is a mockery and, indeed, an affront to the indefeasible rights of the electorate in Delta State to elect their Governor through a free and fair contest.

It is unfortunate that the law would permit this sort of anomalous situation: an unfortunate situation where a man who usurped the sacred mandate of the people would be allowed to fritter away their common patrimony without their due authorization: authorization that should come through free and fair elections where the said electorate, in whom sovereignty resides in a democracy, are afforded the opportunity of exercising their franchise”.

Before now, the Court of Appeal had nullified the governorship election results in Ondo, Edo and Ekiti States on the ground that false returns were made by the INEC in favour of candidates who were never elected by the electorate. In Bayelsa and Cross River State the Court of Appeal found that election results were conjured by the INEC when it knew that the governorship election did not take place in both states. Several results of legislative elections in all states of the Federation have also been set aside for similar reasons by the Court of Appeal.

In the light of the foregoing, we are compelled to call for the immediate removal of the Resident Electoral Commissioners and Electoral Officers who engaged in the subversion of the democratic process and violated the provisions of the Electorate Act. However, we are not unaware that the Delta State Resident Electoral Commissioner, Dr. Humphrey Nwangene has been deployed from Delta State to Ebonyi State while Mrs. Ayoka Adebayo has moved to Ondo State from Ekiti State. But the deployment of both officers for electoral robbery is not the punishment prescribed by the law for the serious violations of the Electoral Act committed by them. Therefore, Dr. Nwangene, Mrs. Adebayo and their comrades in electoral crime who have judicially indicted by competent law courts should not be allowed to pollute the mandate of the people in the 2011 General Election. They should be flushed out of INEC now and lined up for prosecution without any further delay.

National Secretary
National Conscience Party (NCP)

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