The Independent National Electoral
Commission on Wednesday said that it has no Locus Standi to withdraw the
Certificate of Return of a validly elected candidate representing any
constituency.
The Commission stated this in a position
paper it presented to the House of Representatives Standing Committee
on Public Petitions following a petition from a Law firm, J.I Abaagu
& Co, on behalf of the people of Ushongo Local Government against
the member representing Ushongo State Constituency and Speaker, Benue
State House of Assembly.
In the petition, the law firm alleged
that the INEC has refused to obey the order of the Federal High Court
compelling the commission to restore an additional constituency in
Ushongo and conduct elections in the two constituencies.
A statement by the Chief Press secretary
to the speaker of the state assembly, Mr. Bem Abunde said, INEC
insisted that doing so requires compliance with the procedures for
delimiting constituencies as contained in Sections 112, 113 and 114 (1)
and (2) which clearly outlined four conditions for such an exercise
pointing out that the Court did not order the Commission to act
arbitrarily.
Mr. Abunde stated in the statement
”umpire body stated that it has no power to nullify the election of the
Speaker of the Benue State House of Assembly, Mr. Terkimbi Ikyange on
the basis of last November ruling of the Federal High Court which
Ordered it to restore the suppressed Mbagwa constituency.
According to Abunde, ” there is an
elected member representing the constituency to be split into two, the
Commission opined that the case determined by the Court was neither a
Pre- Election matter involving candidate nor one of election petition
tribunal or appeal.
He said that the Commission made it
clear that Section 68 (c) of the Electoral Act (as amended),stipulates
that once a declaration is made by the Returning Officer, only a
“Tribunal or Court in an election petition proceedings” can set it
aside.
The statement read in part, ” Section
133 of the Electoral Act requires that ” the person elected or returned
is joined as a party” the current member representing Ushongo State
Constituency, Mr. Terkimbi Ikyange was not a party to the case and
warned that any attempt by the Commission to temper with his mandate may
trigger litigation against it which may even delay the enforcement of
the Court Order.
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