The National chairman of the All Progressives Congress, (APC) Comrade Adams Oshiomhole has faulted the decision of the Independent National Electoral Commission (INEC) to declare the candidate of the Peoples Democratic Party (PDP) in the November 16, 2019 gubernatorial election in Bayelsa State, Douye Diri winner of the poll after the Supreme Court nullified the victory of the APC’s David Lyon.
Oshiomhole, who addressed newsmen on Friday in Abuja at the national secretariat of the APC, maintained that the PDP’s candidate did not meet up with the constitutional required vote spread.
” The Supreme Court for good reason gave a conditional order that INEC should swear in the second candidate with the highest number of vote and the required constitutional spread.
”I believe that the fact the Supreme court insisted on the constitutional spread is a recognition of the fact that the constitution does not want a situation in which anyone, governor or president presides over the affairs of a state without at least enjoying two-third support of electorate of that state.
”Clearly, the votes scored by PDP and their candidate in that election only met the requirement in five local governments and you need six local governments to meet the requirement of two-third. PDP candidate did not satisfy this requirement. INEC is now choosing to appropriate the judicial powers of the court to interpret laws that is neither competent to do nor has the mandate so to do.
”INEC fails to recognize that its responsibility does not include legal interpretation and the Supreme Court did not ask INEC to go and begin to assume the judicial powers. All that INEC needs to do is simple arithmetic, who has the next highest votes? Does such a person have the required vote spread? If the answer is no, INEC can do no more.
”We recognize that having purported to have sworn in or issued the certificate to PDP candidate, we still believe that there are viable legal widows that we will explore. We affirm our confidence in the judiciary even with pains in our hearts” the APC chairman said.
But the Chairman of INEC , Professor Mahmoud Yakubu in his response through his media aide, Rotimi Oyekanmi dismissed Oshiomhole’s interpretation of the constitutional requirements.
He said, ” It is not the Independent National Electoral Commission’s practice to join issues with politicians on any matter, especially on issues under its jurisdiction.
”The Supreme Court on 13th February 2020 delivered a judgment in a pre-election suit on the Bayelsa State Governorship Election held on 16th November 2019. INEC received the Certified True Copy of the judgment on 14th February, convened a meeting this morning to study the judgment and at the end of that meeting, took a decision to comply with it.
”Therefore, as far as we are concerned, we have done what the Supreme Court ordered us to do and we couldn’t have done otherwise.”
