akmediaonline: PDP Demand For The Arrest Of Returning Officer , Drag INEC To Court
The People Democratic Party has rejected the INEC declaration of Osun State gubernatorial election as inconclusive and the party have charged the commission to court
According to the statement of the party National Publicity Secretary ,Kola Ologbondiyan ,disclose this on Monday in Abuja
He said that the country’s Electoral Law stated that once an election result was declared, INEC was bound to return a winner.
“Section 69 of the Electoral Act 2010 (as amended) states that inter-alia `in an election to the office of the President or governor whether or not contested and in any contested election to any other elective office, the result shall be ascertained by counting the votes cast for 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.
“Concurrently, Section 179 (2), (a) (b) of the constitution directly prescribes that `a candidate for an election to the office of 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,” Ologbondiyan stated.
The party also stated that INEC’s action in declaring a concluded election as inconclusive was therefore “an annulment, totally duplicitous, constitutionally illegal, ultra-vires and as such null and void”.
He now demanded for the immediate arrest and prosecution of the Election Returning Officer ,Prof. Joseph Fuwape for declaring the election inconclusive
He stated: “We demand that INEC Chairman, Prof. Mahmood Yakubu, immediately summon the courage to do the needful by declaring our candidate, Sen. Ademola Adeleke, as winner.
According to the statement, even if the state governorship election is conducted over and over again, the PDP will still win.
He also said that People of osun have chosen their mandate and chosen PDP and it’s candidate Sen.Ademola Adeleke and insisted that election was conclusive
“Nevertheless, we insist that the September 22, 2018 election, under our laws, is conclusive and our candidate must be declared winner.