MRDD Logo and Inec Shenanigan defence in Court.

It should worry all Nigerians that a candidate that has fully fulfilled the requirement to contest for the office of the governor of Adamawa state has been denied the right to be voted for as enshrined in Nigeria constitution, the position of the law and judgments of supreme is clear on this particular matter. The question that pricks my mind is, does Inec have the power to disqualify a candidate? The answer is capital No, the power of disqualification of a candidate is vested in the court, There is nothing in section 32 that suggests that INEC has power or authority to disqualify a candidate; all INEC is required to do under subsection (3) is to publish the personal particulars submitted by a candidate in the constituency where the candidate intends to contest the election.

 

 

In my view the arguments buttressed by Inec in the high court penultimate thursday shows Inec inept understanding on the matter at hand or their defence in court is a decoy to please some listening audience that throng the court, if not Inec hinged their argument on the section (81) of the electoral which states that: No court shall stop the holding of primaries or general election or the processes thereof under this Act pending the determination of a suit” why Inec hold on to this section of the electoral act, they seems to have forgotten section 26 (5) of the electoral act which state that : The decision of the Commission under subsection ‘(4) may be challenged by any of the contestants at a court or tribunal of competent jurisdiction and on such challenge, the decision shall be suspended until the matter is determined.

 

 

section 26 of the electorate act has puncture Inec  claims of challenging the jurisdiction of the high in Yola in relations to the case filed by MRDD against Inec , not only does the high court have the jurisdiction on this matter, MRDD as a political can challenge Inec decision of exclusion from the ballot in an inconclusive election, because a tribunal is relevant when election process is completed, the drafters of the electoral envisaged an inconclusive election and the right of contestant to challenge the decision of the umpire before the declaration  of winners.

Inec claims of MRDD not submitting some documents is a mere cosmetic argument that cannot stand the test of time in the eyes of the law, the MRDD candidate has shown the letter of reminder written to Inec to notify it of her action of excluding him from the ballot but still the umpire went ahead claiming ignorance of the effort of MRDD to be enlisted among the contestant for 2019 election. At this point I expect Inec to tender apology to MRDD and right the wrong that was done to the party not relaying on mere technicalities to deny MRDD right of participation in the polls.

Williams Asuquo wrote from Ilorin in Kwara State.

can be reach on williamEsq@yahoo.com