Your interpretation of Electoral Act wrong, Bwala tells INEC chairman

By Tunde Opalana

Dr Daniel Bwala, spokesman to Atiku/Okowa Campaign Organisation has slammed the chairman of the Independent National Electoral Commission (INEC) for alleged misinterpretation of the Electoral Act 2022 in respect of election results announcement.

The legal practitioner in a reaction to the ongoing outrage against INEC over delay in uploading and transmission of results of Saturday’s presidential and national assembly elections said Prof. Mahmood Yakubu has deviated from the provisions of section 65 of the Electoral Act.

Bwala in a statement Tuesday in Abuja said by his deviation and misinterpretation of electoral law, the INEC chairman has thrown the electoral process for the 2023 general election into total confusion.

Recalled that the conduct of the 2023 elections has been criticized across board as one that is marred by irregularities and total departure from the Electoral Act .

He categorically stated that Prof Yakubu and INEC is driving the country towards an inclusive elections, saying “elections are only concluded when votes are cast, results are announced and winners returned.”

Emphasizing what he termed Yakubu’s misrepresentation, he said “what is not clear is the intentions of INEC chairman and INEC as a commission. Section 65 of the Electoral Act mandates the INEC chairman to correct every anomaly (s) raised by stakeholders of the process (political party and their agents) within 7 days.

“For avoidance of doubt the electoral act is clear and unambiguous to the effect that the anomalies must be corrected before the final declaration of results and returns and not the other way round.

“So INEC should desist from any interpretation that will mislead the political parties, because pushing the review after final declaration is tantamount to exercise in futility and planned attempt to sidestep section 65 and the very reason for its provision in the electoral act in the first place. This section was largely objected to by APC lawmakers and lawyers during the amendment process before it was eventually passed into law.”

Bwala insisted that the presidential election remain inconclusive saying “so let’s be clear, the election is inconclusive and the INEC Chairman cannot proceed without the political parties being present to object or accept the results at the national collation exercise.

“No court of law hears and determines a matter in the absence of necessary parties.”

In the alternative, he said options available to the INEC chairman in law , fairness, transparency, equity and good conscience are that; “suspend national collation immediately and address the complaints raised by parties relating to BVAS bypass and electronic transmission of results.

“Set a date for conduct of elections im the affected places and ensure results are uploaded as contains im the guidelines. The said elections must be free and fair and BVAS used accordingly

“Cancel all the collated and announced results so far until such a time when all the results collated at the polling units alone be uploaded to INEC server, same only be announced , duplicate copies of which all party agents have for transparency sake

“Declare this election inconclusive and set a date for conduct of elections that addresses areas where BVAS was not used amd where violence occurred which suppress the voting rights of the people.

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“Address the Nigerian public in a televised speech on the sanctity of the processes and integrity of his person to regain the confidence of the Nigerian people and the international community.”

He said confidence of the process and legitimacy of the results must never be sacrificed on the alter of convenience and speed.

“This election is pivotal to the national security of the country,” he added.