Bauchi gov’ship poll: Court stops INEC from collation, announcing result

…PDP kicks, rejects ex-parte order stopping final collation

…INEC complies with order, may seek vacation of order

Andrew Orolua & Tunde Opalana, Abuja

The Federal High Court in Abuja on Tuesday ordered the Independent National Electoral Commission (INEC) to stop forthwith from proceeding with the collation, concluding and announcing the result of the governorship election in Bauchi State conducted on March 9, 2019 by the electoral body.

Justice Inyang Ekwo issued the order after he heard an ex-parte application filed by the All Progressive Congress (APC) and the incumbent Governor of Bauchi State, Mohamed Abubakar.

The order, however, will last till the determination of the suit brought before the court by the two plaintiffs challenging the decision of the electoral body reversing itself to proceed with the collation of results in some dispute areas.

In the ex-parte motion, the APC and Abubakar had prayed the court for an order of Interim Injunction restraining INEC from resuming, concluding or announcing the result of the Tafawa Balewa Local Government Area of Bauchi State in respect of the election to the office of Governor of Bauchi State.

Justice Ekwo had on Monday after listening to applicant’s lawyer, Ahmed Raji (SAN), who argued the ex-parte motion, ordered INEC to appear before him on Tuesday to show cause why the order sought by the two plaintiffs should not be granted.

Instead of complying with the order of the court, INEC represented by Tanimu Inuwa (SAN), on Tuesday, approached the court with a motion challenging its jurisdiction.

Counsel to the plaintiffs, Ahmed Raji (SAN), however objected to the application of INEC, informing the court that the order issued on Monday asking the electoral body to show cause why the requests of the plaintiffs should not be granted had not been obeyed.

Raji told the court that the business before the court was to determine whether the earlier order had been complied with.

He drew the attention of the court to a press statement issued by one Festus Okoye, INEC National Commissioner and Chairman Information and Voter Education Committee, dated March 15, 2019, announcing that the electoral body will resume collation of the Bauchi governorship election, adding that except the court grants the interim order the subject matter of the substantive suit would be destroyed.

Responding, Inuwa admitted that the order had not been complied with and requested to address the court orally on the issue, however his request was refused by the judge.

Justice Ekwo held that since the ex-parte application was in writing and duly served on INEC, it behooves on the defendant to appear before the court with a written or formal response.

In his bench ruling, the judge granted the interim injunction restraining INEC from resuming, concluding and announcing the governorship election result in Bauchi State pending the determination of all issues raised by the plaintiffs in their originating summons.

Justice Ekwo also granted accelerated hearing in the matter and ordered parties to appear before him today (Wednesday, March 20, 2019) to present their positions in the substantive matter.

The plaintiffs in their originating summons are challenging the decision of INEC to resume collation of results of the election that was earlier declared inconclusive.

They prayed the court to compel the electoral body to go ahead with a rescheduled election slated for Saturday, Match 23 instead of reversing itself on the earlier announcement.

Meanwhile, the Peoples Democratic Party (PDP) has rejected an ex-parte order of a Federal High Court stopping the expected collation of result in Tafawa Balewa State Constituency of Bauchi State.

It described the Federal High Court, Abuja ruling as arm-twisting of the judiciary and the court by the All Progressives Congress (APC) to unconstitutionally halt the conclusion of collation of already declared results in the Bauchi State Governorship election, which has been won by the PDP.

The party alerted that such development, which is akin to the infamous order that derailed the 1993 democratic process, is part of the plot by the APC and certain compromised elements in the Independent National Electoral Commission (INEC) to escalate crisis and derail our electoral process.

The party insisted that “the power to collate, suspend collation and or to reverse such decision based on obvious circumstances as the case in Bauchi is clearly within the domain of INEC.

Until Collation is completed and results declared, no one can question the constitutional powers of the electoral body, INEC, in that regard”.

The PDP in a statement by its spokesperson, Kola Ologbondiyan, cautioned that if this desperate underhand measure by the APC to halt electoral processes is not checked, Nigeria’s hard earned democracy will fail us and our nation thrown into anarchy.

“Our party should not be constrained into a situation in which we will have no option than to allow our members to seek similar ex-parte orders to halt statutory processes including the swearing-in of APC candidates at various levels, particularly President Muhammadu Buhari.

“It is clear that collation of result is part of the electoral process and that INEC cannot act on a purported ex-parte order to jettison its independence and halt the collation of results, which is a key component of its statutory electoral duty.

“Section 87 (10) of the Electoral Act is unambiguous in its prescription that “nothing in this section shall empower the courts to stop the holding of primaries or general election or the processes thereof under this Act pending the determination of a suit”.

“Our party therefore charges INEC to be properly guided by the law in this regard.”

The PDP urged the institution of Judiciary not to allow the APC to entangle the court in its shenanigans to destroy our hard-earned democracy.

“Nigerians in Bauchi State have elected the PDP and nothing can change this realty”, the party claimed.

Meanwhile, the Independent National Electoral Commission said it has to obey the court order even if does not agree with the judgment.

National Commissioner and Chairman, Information and Voter Education Committee of INEC, Barr. Festus Okoye, said the Commission will abide by the order until it is vacated.

He said INEC has sent notice to the court to that effect but it has not been taken.

However, the Independent National Electoral Commission (INEC) in Bauchi State has halted the collation of results for the governorship election held March 9, 2019 for Tafawa-Balewa local government area of the state.

The state Resident Electoral Commissioner, Ibrahim Abdullahi, told newsmen in Bauchi on Tuesday that the decision was as a result of a court order received by the commission retraining it from collation and subsequent announcement of Tafawa Balewa Local Government governorship results.

“The Independent National Electoral Commission (INEC) is in receipt of a court order restraining it from proceeding with the collation and announcement of results in respect of Tafawa Balewa governorship only.

“I must also add that the order which was sought and granted by the court does not include the Tafawa Balewa state constituency.

“For this reason, we are going to make arrangement to continue with the state constituency collation and subsequently announce the result,” said the commissioner.

Abdullahi said “what is also going to continue is the scheduled 23rd March election that affects the canceled election in other local government areas.”

The REC called on the people to remain calm and law abiding, adding that INEC would do the right thing by announcing the true winner of the race.

INEC, on March 15 approved the resumption of collation and conclusion of results of Tafawa-Balewa Local Government Area in relation to governorship election using available existing duplicate and original results from Registration Areas.