We Cannot Nullify Election Of Benue Assembly Speaker – INEC

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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.