Following the conclusion of the governorship election in Kogi State, the Independent National Electoral Commission (INEC) has explained why it could not declare any other person except Yahaya Bello of the All Progressives Congress (APC) as the duly elected governor of the state.
INEC said its hands were legally bound and so could not have changed the rules in the middle of the game.
This happened as Bello’s Deputy, Mr James Faleke declared that he would not be available to be sworn in with Bello on January 27. Faleke had, upon the death of his principal, Prince Abubakar Audu written to INEC to declare him winner of the polls, despite INEC having initially declared the poll inconclusive.
However, speaking on a television programme monitored in Abuja, INEC Director in charge of Voter Education, Publicity, Civil Society and Gender Liaison Oluwole Osaze-Uzzi, said the commission decided to err on the side of the law.
According to him, the guidelines were clear on situations that could warrant the declaration of an election as “inconclusive.”
He said despite the fact that only about 13,227 voters out of 49,000 registered voters participated in the supplementary election, “INEC had a constitutional duty to conduct that election within certain parameters or framework.
“If INEC was satisfied that even one vote could make a difference, then we had no option than to conduct the election. It was not the making of INEC. Definitely, we would have loved to complete everything on November 21.”
The commission’s spokesman said INEC has learnt its lessons and going forward, it will advocate a review of all relevant laws to capture the various issues thrown up by the Kogi debacle.
“We have learnt our lessons, but we could not have changed the rules mid-way. A referee cannot just come up half-way into the game and say what used to be offside is no longer offside. The laws can only be reviewed after the match has ended,” he said.
On Faleke
He added that at no time did Faleke withdraw from the race, saying it would have amounted to a legal absurdity for APC to have made Faleke its governorship candidate and then make him nominate a new running-mate. Such a development, he said, would have thrown up fresh legal challenges.
“We got a letter from Faleke saying he is the governor-elect. At no time did he withdraw. APC never withdrew his name either. In any case, we never relate with individuals. We only deal with candidates through their parties.
“Even so, his withdrawal would have been correct if it was within the time for withdrawal, which is 45 days before the election, and if his party had forwarded his withdrawal letter to the commission. When he was nominated as deputy governorship candidate, it was his party that forwarded his resume, affidavit and other details to INEC and not Faleke himself,” he explained.
I’ll not be available for swearing in with Bello Jan 27 — Faleke
Meanwhile, Faleke has said he will not be available to be sworn-in with Alhaji Yahaya Bello on January 27, 2016.
Faleke made the declaration during a meeting of APC stakeholders in Kogi West Senatorial District in Kabba, Kogi State, Monday.
He explained that his stand was in furtherance of his earlier letter to the national leadership of the party not to work with Bello, then governorship candidate.
Faleke, who was reacting to resolutions reached at the meeting that he should pursue the legal option to a logical conclusion, held that the Audu/Faleke ticket remained intact and unchanged.
-Vanguard