BY BOYE WILLIAMS, ESQ
The results of the just concluded election showed that APC polled 254,345 while PDP polled 254,698. This ipso facto means the candidate of the PDP polled the majority votes. The difference therefore is 353. INEC now says in as much as the difference between the cancelled votes which is over 3000 is more than the difference-353, then he cannot declare the candidate with highest number of votes as the winner.
Many people have been disturbing me after the INEC made its decision. But was INEC right? I will answer this question by relying on section 69 of the Electoral Act 2010. It provides;
“In an election to the office of the President or Governor whether or not contested and in any contested election to the other elective office, the result shall be ascertained by counting the votes cast by each candidate and subject to the provisions of sections 133, 134 and 179 of the Constitution, the candidate that receives the highest number of votes shall be declared elected by the appropriate Returning Officer.”
Section 179 of the 1999 Constitution applicable to the instant case and the PDP candidate has satisfied the provision of 1/4 of all the votes cast in each of at least 2/3 of all the local government areas in the state.
Therefore the decision of the INEC is not grounded in law. They should as a matter of urgency declare the candidate with the highest number of votes elected.