INEC May Order Fresh Guber Polls in Imo

The Governorship elections held in Imo state on April 11 may be cancelled outright and a fresh exercise organized by the Independent National Electoral Commission (INEC).

INEC is currently preparing for supplementary elections in over 200 polling units spread across 23 local government areas where over 150,000 votes were cancelled.

The need for fresh election is being canvassed on three strong points which sources say INEC is set to buy into, and which an amalgam of civil society groups and constitutional lawyers under the auspices of Association for Good Governance insist is the only way to go.

First, the use of permanent voters card (PVC) in Imo was the worst in the entire governorship election held anywhere in Nigeria on April 11.  Data obtained by INEC shows that Imo state had 20.4 per cent usage- which was the lowest in the country.

For instance, states like Jigawa, Ogun, Kano and Katsina recorded an average of 90 per cent where Governorship elections after Anambra-which did not hold any governorship elections. INEC’s clear guidelines before the election were instructive that only PVCs must be used for the governorship and state assembly elections. Where the PVC failed to work, the election should be moved to the next day. With just 20.4 per cent, it was obvious that the election in Imo state was not in compliance with INEC guidelines.

Munonye Ikechukwu, the Governorship candidate of Hope Democratic Party is another case being cited for the cancellation. Mr. Ikechukwu’s name and that of his party’s logo did not appear on the ballot . The court of appeal’s decision in Nnamdi Igbokwe’s case in 2011 is being cited as a legal precedent in looking at the matter.

The court appeal held that in a case where INEC fails to display a party’s name and symbol on a ballot paper for an election that the election stands cancelled.  It means that the party and its candidate have been denied the constitional right to put themselves up for an election. Secondly, the constitutional rights of the voters who are supporters of the party and the candidate would have been abridged if the party’s name, the candidate’s name and their logo did not appear on the ballot.

A reliable source in INEC revealed that after the announcement of the supplementary election date, the commission was made aware of the implications of the emerging development.

The case being made to INEC is that rather than waste resources to conduct a supplementary election, the foundation of which is a flawed process; it would better to conduct a fresh election in the 27 local government areas.

The reason for this, according to Chineme Uhuegbu, a well-known legal analyst, are as follows: a fresh election would correct the gross irregularity in the use of the PVC in Imo state governorship election, which is the worst in the entire country.

Secondly, it would correct the legally fatal non-usage of the name of the Hope Democratic Party’s name and logo on the ballot which is a clear ground for the cancellation of the governorship election.

Thirdly, the conduct of an entirely fresh election would help avert imminent crises in Imo state which could lead to loss of lives and property.

Fourthly, since INEC wants to use the PVC to check irregularities in elections in Nigeria, a 20 per cent usage makes nonsense of its avowed resolve to conduct a credible election.

Wale Oguade, a Lagos based lawyer, and President of Voters Awareness Initiative strongly argued that based on the violation of the INEC guidelines on the use of PVCs in Imo state, coupled with omission of the name and logo of Hope Democratic Party on the ballot, the entire elections in the state ought to be cancelled. He added that it would be a waste of time and tax payers’ money to conduct supplementary elections that would eventually be set aside by a law court.

Another Lagos based constitutional lawyer, Mrs. Uche Okonkwo, insisted that the entire election should be cancelled. She argued that  it would amount to injustice for many people who registered to vote to be disenfranchised, where as those who had their PVCs which the card readers could not read, were allowed to vote. She opined that it is either INEC allows every eligible voter to vote without PVC or allow for PVCs being used.

Given these fundamental issues being raised, another legal practioner, Sonnie Ekwowusi is also of the view that with the scandalously low usage of the PVC in Imo state coupled the alleged omission of the name and logo of Hope Democratic Party, the election ought to be cancelled.

There has been an uneasy calm in Imo state since the April 11 election, as it has been observed that the level of cancellation of votes which has been put by INEC at I50, 000 cutting across 200 polling units can be described as unprecedented in Imo election history.

With the alleged high incidence of ballot box snatching, importation of voters from other states and rewriting of election results by inducements, many are afraid that the election results cannot be said to be credible.