Rights Advicate and constitutional lawyer, Dr. Mike Ozekhome (SAN), has predicted danger ahead of the 2019 election following Sunday’s declaration of Osun State governorship election as inconclusive by the Independent National Electoral Commission (INEC).

Ozekhome in a statement made available to newsmen said that the action of INEC was a blow to the nation’s constitutional democracy, adding that ‘Section 179(2)(a)(b) of the 1999 constitution proves that Adeleke and the PDP won and met the electoral requirements to be formally declared winners of the Osun State election.”

According to him, Osun election is an ominous sign of the farce to expect in 2019.

Ozekhome further accused APC of using “Electoral arm, INEC, to do the unthinkable, that which is clearly illegal, unconstitutional, immoral, and a brazen assault on our sensibilities and constitutional democracy.”

His statement reads in part: “INEC has earned for itself the inglorious reputation of holding inconclusive elections (Kogi, Bayelsa, et al), and working in cahoots with the ruling APC, always eager to do its dirty electoral bidding, to commit daylight robbery of votes.

“This, they have just done to Adeleke’s votes, to defeat the will and legitimate franchise of the good people of Osun state. I wholly condemn this ludicrous mockery of our electoral process and constitutionalism.”

“There was no legal, constitutional, or moral basis for the electoral umpire to have declared the election inconclusive since the country’s constitution only recognised lawful and valid votes in declaring a candidate winner of an election.

“This presupposes that some votes would be unlawful and invalid. Consequently, where votes are cancelled or invalidated for any reason, howsoever, including for being invalid and unlawful, such votes are immediately and automatically cancelled, deducted and consigned to the dustbin of history.

“In any case, it was not wholesale results in the election that were voided and cancelled. Only votes that INEC had adjudged illegitimate due to irregularities were voided and cancelled.

“This cancellation and voidance of illegitimate votes affected all the political parties, not just APC and PDP, but especially Omisore’s SDP whose two strongest fortes in Ife axis were badly affected.

“Such voided votes are ignored and unreckoned with, for they are a non sequitur. They are as dead as dodo.

“Having failed to viciously intimidate and rig the elections as they did in Ekiti State, due to the people’s courageous resistance, the APC has now used its electoral arm, INEC, to do the unthinkable, that which is clearly illegal, unconstitutional, immoral, and a brazen assault on our sensibilities and constitutional democracy.

“Section 179(2)(a)(b) of the 1999 Constitution (the grundnorm and supreme law of the land ), is crystal clear and unambiguous that Adeleke and PDP have won and met the electoral requirements to be formally declared winners of the Osun State election.

“It provides: “A candidate for an election to the office of a governor of a state shall be deemed to have been duly elected where, there being two or more candidates: (a) he has the highest number of votes cast at the election; and (b) he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the local government areas in the state”.

“Adeleke satisfied the provision. In Osunbor v Oshiomhole (2007) 18 NWLR (part 1065) 32, cancelled votes had been counted and added to PDP/Osunbor’s scores.

“The courts, up to the Supreme Court, held that when votes are cancelled, they are not reckoned with in determining the outcome of such an election. The courts thereafter deducted the invalidated votes and this gave victory to Oshiomhole in the hotly contested election.”

http://www.mcebisco.com.ng/2018/09/osun-election-why-adeleke-should-have.html

We all know PDP bought votes massively in Osun

Johnnyessensse:
We all know PDP bought votes massively in Osun

PDP didn't need to buy votes when APC didn't pay salaries for years, the people are wiser

Good move

Noted! Waiting for Femi Falana to response. We all know two of you have always been on the side of the two major political parties (APC and PDP).

Johnnyessensse:
Go suck your mama pussy

I can feel ur pain,face reality, put ur head inside the fridge

Maybe you know, but i don't know.

Johnnyessensse:
We all know PDP bought votes massively in Osun

Maybe you know, but I don't know.

The Proposed Rerun Election in Osun State and the Law Preamble It is now official that INEC has taken a decision to conduct a rerun election in some polling units in Osun State before declaring the 2018 Gubernatorial Election conclusive. From the press release signed by Solomon Soyebi, National Commissioner and Chairman, Information and Voter Education Committee of INEC, the reason for the decision is given as follows: ”Based on the result by the Returning Officer, the margin between the two leading candidates is 353 which is lower than the number of registered voters in the affected areas. Extant law and INEC Guidelines and Regulations provide that where such a situation occurs, a declaration may not be made.” (See page 2, paragraph 2 of INEC’s letter of Sunday 23rd September, 2018). It is important to note that the said letter has not cited any section or provision of the ‘extant law and INEC Guidelines and Regulations’ to enable readers be on the same page with the Commission on the issue. However, in announcing the decision to declare the election inconclusive, Prof. Joseph Adeola Fuwape, Returning Officer and Vice Chancellor of the Federal University of Technology, Akure was more specific when he said that the decision is made pursuant to INEC’s Guidelines for Election. He said that according to the Guidelines, where the margin of victory at an election is less than the number of votes cancelled in the same election, a rerun must be conducted in the affected polling units to determine the actual winner of the election. The Professor did not also mention the exact section of the Guidelines but, his submission is clear and we can work with it for purpose of legal exposition on the issue at hand. What Does the Constitution say on When A Candidate is Deemed to Have been Duly Elected? Election into any public office in Nigeria is an issue of law and the most superior law in the Federal Republic of Nigeria today is the 1999 Constitution. Section 179 (2) provides what is required to declare a person winner in a gubernatorial election. It provides thus: ”179(2) A candidate for an election to the office of Governor of a State shall be deemedto have been duly elected where, there being two or more candidates – (a) he has the highest number of votes castat the election; and (b) he has not less than one-quarter of all the votes cast in each of at least two-thirds of all the Local Government Area in the State.” What the law contemplates here is simple majority of votes cast. That means, even a hundred votes or less will be sufficient for one to emerge as winner of a gubernatorial election. The Legal Question The legal question here is, has the Governorship candidate of the PDP met the above conditions of the law? INEC has affirmed that after a thorough counting of the votes cast, the result shows that while the APC Candidate polled 254,345 votes, the PDP Candidate polled 254,698 votes leaving a difference or victory margin of 353 votes. By this confirmation Adeleke of the PDP has won that election with 353 votes. He has also won in not less than two-thirds majority of all the 30 Local Government Areas of the State. Going by the provision of section 179(2) of the 1999 Constitution, Adeleke of the PDP has emerged the winner of the 2018 Gubernatorial Election conducted in Osun State. There is nothing in that section to accommodate the excuse given by INEC. But the Constitution Recognizes a Rerun in the following Circumstances By section 179(3) of the same Constitution, a rerun only becomes necessary where there is no candidate with the highest number of votes in the election. For instance if the candidate of the APC and that of the PDP had equal number of votes, the Constitution allows INEC to conduct a rerun within 7 days from the announcement of the result. Also, where the candidate with the highest number of votes does not have at least one-quarter of all the votes cast in each of at least two-thirds of all the LGAs in the State, a rerun becomes inevitable. These are not the reasons given by INEC for the proposed rerun election. The implication of this is that the reasons given by INEC are not within the contemplation of the Constitution. When the Provisions of a Guideline is in Conflict with the Provisions of the Constitution, what Happens Clearly, the provision of the INEC Guidelines and Regulation which says that where the margin of victory at an election is less than the number of votes cancelled in the same election, a rerun must be conducted in the affected polling units to determine the eventual winner of the election, is in conflict with the provisions of section 179(2) of the 1999 Constitution on when a candidate is deemed to have emerged the winner in a gubernatorial election. The Constitution does not have any such provision or reason as given by INEC. By section 1(1) of the Constitution it is provided as follows: ”This Constitution is supreme and its provisions shall have binding force on all authorities and persons throughout the Federal Republic of Nigeria”INEC is included in the phrase ”all authorities and persons’‘. By section 1(3) it is provided thus: ”If any other law is inconsistent with the provision of this Constitution, this Constitution shall prevail, and that other law shall, to the extent of its inconsistency be void.” By the above section on supremacy of the Constitution, the provision of the INEC Guidelines under review is null and void and have no effect whatsoever having conflicted with the clear provisions of section 179(2) of the Constitution. Does the Law Have Any Business with Cancelled Votes? The law has no business with cancelled votes. Once declared ‘cancelled’, such votes have no further business in the electoral process and cannot form the basis for the nullification of the majority of lawful votes cast to warrant a rerun. They ought not to form part of the counting process and should not in any way influence the outcome of the election. In the celebrated case of Adams Oshiomole v. Prof. Osunbor, cancelled votes were added to the scores of the Peoples’ Democratic Party which saw to the emergence of Prof. Osunbor as the Governor of Edo State. Adams Oshiomole challenged the action in court and it was held that cancelled votes had no role to play in the election and should not have been counted for Prof. Osunbor or any party whatsoever. The court then deducted the votes and Adams Oshimole was declared the winner. When the cancelled votes in Osun are deducted from the total number of valid votes cast, Adeleke has, by operation of law, emerged the winner of the election in issue. What INEC Should Do in the Circumstance INEC should rescind its decision on the rerun and declare Adeleke the winner of the Osun State Election in view of the fact that the reason given by the Commission is not in sync with the provisions of the Constitution. INEC should pay attention to the language of the Constitution which provides that a candidate for an election to the office of Governor of a State shall be deemed to have been duly elected …. By this phrase, a legal event has already occurred; the Constitution has already deemed Adeleke winner of the election. INEC has no further say on this than to do the needful and call off the proposed rerun. Ekemini Udim is a lawyer and public affairs analyst. ekeminiudimforjustice@gmail.com

What is stopping PDP from going to court?

Because I'm not seeing this rerun in favour of PDP o

Buhary is a FRAUD!

The two candidates representing pdp and apc ain’t qualified for the job. The Sdp candidate is qualified, but what do I know. I’m from the south

Johnnyessensse:
We all know PDP bought votes massively in Osun

mR zONE b

Johnnyessensse:
We all know PDP bought votes massively in Osun

everybody bought votes

Johnnyessensse:
We all know PDP bought votes massively in Osun

Mynd44 Lalasticlala rule 2

APC will fight dirty, ...they create hostile environment for the opposition... they will win this election...of course dirty win

Johnnyessensse:
Go suck your mama pussy

Mynd44 Lalasticlala rule 2

ukpono10:
The Proposed Rerun Election in Osun State and the
Law
Preamble
It is now official that INEC has taken a decision to
conduct a rerun election in some polling units in
Osun State before declaring the 2018 Gubernatorial
Election conclusive. From the press release signed
by Solomon Soyebi, National Commissioner and
Chairman, Information and Voter Education
Committee of INEC, the reason for the decision is
given as follows: ”Based on the result by the
Returning Officer, the margin between the two
leading candidates is 353 which is lower than the
number of registered voters in the affected areas.
Extant law and INEC Guidelines and Regulations
provide that where such a situation occurs, a
declaration may not be made.” (See page 2,
paragraph 2 of INEC’s letter of Sunday 23rd
September, 2018).
It is important to note that the said letter has not
cited any section or provision of the ‘extant law and
INEC Guidelines and Regulations’ to enable readers
be on the same page with the Commission on the
issue. However, in announcing the decision to
declare the election inconclusive, Prof. Joseph
Adeola Fuwape, Returning Officer and Vice
Chancellor of the Federal University of Technology,
Akure was more specific when he said that the
decision is made pursuant to INEC’s Guidelines for
Election. He said that according to the Guidelines,
where the margin of victory at an election is less
than the number of votes cancelled in the same
election, a rerun must be conducted in the affected
polling units to determine the actual winner of the
election. The Professor did not also mention the
exact section of the Guidelines but, his submission
is clear and we can work with it for purpose of legal
exposition on the issue at hand.
What Does the Constitution say on When A
Candidate is Deemed to Have been Duly Elected?
Election into any public office in Nigeria is an issue
of law and the most superior law in the Federal
Republic of Nigeria today is the 1999 Constitution.
Section 179 (2) provides what is required to declare
a person winner in a gubernatorial election. It
provides thus:
”179(2) A candidate for an election to the office of
Governor of a State shall be deemedto have been
duly elected where, there being two or more
candidates –
(a) he has the highest number of votes castat the
election; and
(b) he has not less than one-quarter of all the votes
cast in each of at least two-thirds of all the Local
Government Area in the State.”
What the law contemplates here is simple majority
of votes cast. That means, even a hundred votes or
less will be sufficient for one to emerge as winner of
a gubernatorial election.
The Legal Question
The legal question here is, has the Governorship
candidate of the PDP met the above conditions of
the law? INEC has affirmed that after a thorough
counting of the votes cast, the result shows that
while the APC Candidate polled 254,345 votes, the
PDP Candidate polled 254,698 votes leaving a
difference or victory margin of 353 votes. By this
confirmation Adeleke of the PDP has won that
election with 353 votes. He has also won in not less
than two-thirds majority of all the 30 Local
Government Areas of the State.
Going by the provision of section 179(2) of the 1999
Constitution, Adeleke of the PDP has emerged the
winner of the 2018 Gubernatorial Election conducted
in Osun State.
There is nothing in that section to accommodate the
excuse given by INEC.
But the Constitution Recognizes a Rerun in the
following Circumstances
By section 179(3) of the same Constitution, a rerun
only becomes necessary where there is no
candidate with the highest number of votes in the
election. For instance if the candidate of the APC
and that of the PDP had equal number of votes, the
Constitution allows INEC to conduct a rerun within 7
days from the announcement of the result. Also,
where the candidate with the highest number of
votes does not have at least one-quarter of all the
votes cast in each of at least two-thirds of all the
LGAs in the State, a rerun becomes inevitable.
These are not the reasons given by INEC for the
proposed rerun election. The implication of this is
that the reasons given by INEC are not within the
contemplation of the Constitution.
When the Provisions of a Guideline is in Conflict
with the Provisions of the Constitution, what
Happens
Clearly, the provision of the INEC Guidelines and
Regulation which says that where the margin of
victory at an election is less than the number of
votes cancelled in the same election, a rerun must
be conducted in the affected polling units to
determine the eventual winner of the election, is in
conflict with the provisions of section 179(2) of the
1999 Constitution on when a candidate is deemed to
have emerged the winner in a gubernatorial
election. The Constitution does not have any such
provision or reason as given by INEC.
By section 1(1) of the Constitution it is provided as
follows: ”This Constitution is supreme and its
provisions shall have binding force on all authorities
and persons throughout the Federal Republic of
Nigeria”INEC is included in the phrase ”all
authorities and persons’‘. By section 1(3) it is
provided thus: ”If any other law is inconsistent with
the provision of this Constitution, this Constitution
shall prevail, and that other law shall, to the extent
of its inconsistency be void.”
By the above section on supremacy of the
Constitution, the provision of the INEC Guidelines
under review is null and void and have no effect
whatsoever having conflicted with the clear
provisions of section 179(2) of the Constitution.
Does the Law Have Any Business with Cancelled
Votes?
The law has no business with cancelled votes.
Once declared ‘cancelled’, such votes have no
further business in the electoral process and
cannot form the basis for the nullification of the
majority of lawful votes cast to warrant a rerun.
They ought not to form part of the counting process
and should not in any way influence the outcome of
the election. In the celebrated case of Adams
Oshiomole v. Prof. Osunbor, cancelled votes were
added to the scores of the Peoples’ Democratic
Party which saw to the emergence of Prof. Osunbor
as the Governor of Edo State. Adams Oshiomole
challenged the action in court and it was held that
cancelled votes had no role to play in the election
and should not have been counted for Prof. Osunbor
or any party whatsoever. The court then deducted
the votes and Adams Oshimole was declared the
winner.
When the cancelled votes in Osun are deducted
from the total number of valid votes cast, Adeleke
has, by operation of law, emerged the winner of the
election in issue.
What INEC Should Do in the Circumstance
INEC should rescind its decision on the rerun and
declare Adeleke the winner of the Osun State
Election in view of the fact that the reason given by
the Commission is not in sync with the provisions of
the Constitution. INEC should pay attention to the
language of the Constitution which provides that a
candidate for an election to the office of Governor of
a State shall be deemed to have been duly elected
…. By this phrase, a legal event has already
occurred; the Constitution has already deemed
Adeleke winner of the election. INEC has no further
say on this than to do the needful and call off the
proposed rerun.
Ekemini Udim is a lawyer and public affairs analyst.
ekeminiudimforjustice@gmail.com

NARRATIVE ESSAY.. 5000 WORDS.
You wrote WAEC well

Earthquake1:


Mynd44 Lalasticlala rule 2

is this your job

Hahaha as dead as dodo

Idiot. But when elections were declared inconclusive in the past where APC was winning, these goats applauded INEC.

ok.

PassingShot:
Idiot. But when elections were declared in the past where APC was winning, these goats applauded INEC.

Why are you so upset? This Osun state election really shake una.

HIGHESTPOPORI:
PDP didn't need to buy votes when APC didn't pay salaries for years, the people are wiser

This is what they called upper cut

@Earthquake1 which one be rule 2 again?

Lo

Awol1:
What is stopping PDP from going to court?

Because I'm not seeing this rerun in favour of PDP o

Did you see the election favouring them at all from the beginning?

Adeleke satisfied the provision. In Osunbor v Oshiomhole (2007) 18 NWLR (part 1065) 32, cancelled votes had been counted and added to PDP/Osunbor’s scores.

“The courts, up to the Supreme Court, held that when votes are cancelled, they are not reckoned with in determining the outcome of such an election. The courts thereafter deducted the invalidated votes and this gave victory to Oshiomhole in the hotly contested election.”


Very good argument.