Opposition parties and non-governmental organisations on Sunday took a swipe at the Adamawa State Resident Electoral Commissioner, Hudu Yunusa-Ari, for usurping the duties of the state governorship election returning officer.
The Independent National Electoral Commission had at 1 am on Sunday shifted the announcement of the state supplementary election results to 11 am after results from 11 out of 20 local government areas where reruns were held had been declared.
But before 11 am, the REC at 9 am came to the state INEC office in Yola, where the results were being collated and announced the All Progressives Congress candidate, Senator Aishatu Dahiru, popularly known as Binani as the winner of the governorship election.
Prior to her declaration, Binani was trailing behind Governor Ahmadu Fintiri of the Peoples Democratic Party, who had established a margin of lead of 31,249 votes.
Before the supplementary poll, Fintiri polled 421, 524 votes ahead of Binani who got 390, 275 votes.
However, Fintiri could not be declared the winner of the March 18 governorship election by the state by the state returning officer, Professor Mohammed Mele, of the Department of English and Linguistics, University of Maiduguri, because the margin of lead did not exceed the number of cancelled votes in 69 polling units.
Declaration annulled
But the National Commissioner and Chairman of the Information and Voter Education Committee, INEC, Festus Okoye, who signed the statement on Sunday, noted that the declaration by the REC was null and void as the action of the REC was “usurpation of the power of the returning officer.”
The commission has also invited Yunusa-Ari to Abuja over his action where he is expected to be quizzed over his conduct.
The statement read, “The attention of the Independent National Electoral Commission has been drawn to the purported declaration of a winner in the Adamawa State Governorship election by the Resident Electoral Commissioner, Mr Hudu Yunusa-Ari.
“The action of the REC is a usurpation of the power of the Returning Officer and therefore null, void and of no effect. Consequently, the collation of the result of the supplementary election held yesterday 15th April 2023 is suspended forthwith.
“The REC for Adamawa State and all other officials involved in the process are hereby directed to report immediately to INEC headquarters in Abuja.
“Meanwhile, the Commission is deeply disturbed by the harassment of our two National Commissioners deployed to the State to ensure a peaceful and credible supplementary election.
“We urge the security agencies to provide them with the necessary security and ensure that nothing untoward befalls them. The two National Commissioners, the Returning Officer and other staff of the Commission must be allowed to perform their duties without let or hindrance.
“The Commission will not condone any act of lawlessness or brigandage targeted at our officials or the process.”
Addressing journalists in Abuja on Sunday, the PDP spokesman, Debo Ologunagba, asked INEC to declare Fintiri the winner of the election “because the results so far showed that he won clean and clear.”
Speaking on the action of the REC, he said, “It is even more absurd that the Adamawa State REC did not only usurp the powers of the Returning Officer but attempted to declare a winner without figures in reckless violation of the provisions of the Constitution of the Federal Republic of Nigeria 1999 (as amended), the Electoral Act, 2022, the Independent National Electoral Commission Guidelines as well as the sensibility of the people of Adamawa State.”
Continuing, Ologunagba called on the leadership of INEC to immediately direct the returning officer to conclude the collation, announce the results from the polling units and declare Fintiri as the winner, having scored the majority of lawful votes cast.
He further noted that the results already collated across the 69 polling units where the supplementary elections were held and which are currently reflected on the INEC Result Viewing portal, showed that the governor clearly won the election.
According to the PDP, “Anything short of this will not be accepted by our party and the people of Adamawa State.”
Appraising the Adamawa REC’s conduct, a former Director, Voter Education and Publicity at INEC, Oluwole Osaze-Uzzi, noted that Yunusa-Ari ought to face a sort of ‘inquisition.’
Osaze-Uzzi stated that however, INEC cannot discipline a REC, noting that only the President acting on the resolution by the two-thirds majority of the Senate can remove the REC.
He said, “Ordinarily for doing what he did, the REC ought to face some kind of inquisition.
“Under the Constitution, his duty is limited to delegated assignments or duties – what the Commission delegates or assigns to him so the Commission may decide not to delegate or assign any duty to him in the meantime. But only the President can remove him.
“But to remove him, the President can only act on an address by an address by a two-thirds majority of the Senate in accordance with section 6(3) of the Act.
“However, INEC can undertake an inquiry into what happened and I am sure they will do that. But in terms of discipline or removal, it is the President that can do that.
“Also, it is to be noted that any person who announces or publishes an election result knowing the same to be false commits an offence and is liable to imprisonment for 36 months under section 120(4) of the Electoral Act, 2022.
“And under section 6(2) of the Act, the REC is answerable to the Commission.”
Also, a former INEC Director, Nick Dazang said, “By virtue of the regulations and guidelines for the conduct of the 2023 general elections, all returning and collation officers are appointees of the INEC Chairman.
“By declaring a purported winner when the process was ongoing, the REC, Adamawa usurped powers not delegated to him. He also acted unprofessionally.
