•Says commission acted corruptly
From Geoffrey Anyanwu, Enugu
The Independent National Electoral Commission (INEC) broke its electoral law and acted corruptly in its execution of Last Saturday’s presidential election.
Former Chairman, Nigerian Electricity Regulatory Commission (NERC) and political analyst, Dr. Sam Amadi who made the accusation said INEC’s guidelines are law and that a regulator who makes a law cannot act contrary to the law, except where the law provides that he can do so.
He berated the commission for disappointing and failing Nigerians in the conduct of the presidential election, especially the failure in uploading of polling units results into its Results Viewing Portal (IReV).
He said since INEC made the use of IReV one of its guidelines, and as the law regulating the election was not suspended or reversed before the election, any breach as witnessed last Saturday amounted to a violation of the law.
He also said the issue of a candidate having 25 per cent vote from the Federal Capital Territory (FCT) was a constitutional matter that must not be looked at parochially.
Amadi stated this while appearing as guest on a national television program, yesterday.
“Yes, INEC broke its law and it is very clear; INEC broke its law unexplainable, broke their law deliberately…I’ve been trying to focus more too legalistic and not to make judgments about INEC, and my views about INEC on the election have been very clear from day one, that INEC was surprisingly incompetent to the point of some of us presuming that INEC acted corruptly…
“Back to the issue around the IReV, it is surprising for anybody to argue that INEC had discretion to chose a different mode. Now look at what would happen, the legislators gave INEC powers so in typical administrative law language it says the legislature has donated power to the agency. In section 60 of the Electoral Act, instead of saying, that the mode for transmission or the mode for collecting votes is x, it says, INEC shall decide what mode to use. Now, what that does is deferring to INEC expertise and that’s the right thing to do.
“INEC had options to go into room making mode and say we will use manual, we’ll use manual plus technology, this is the steps we will take, INEC had the powers to do so nobody will constrain it. But the moment INEC had gone through that process and released a directive or a guideline that becomes subsidiary law. Therefore, both INEC and every other person handling operations in the election must comply with that, so this is where we are now.
“INEC by clause 38 of the regulations and guidelines for 2023 election, building on its power in section 60, now legislates to say, ‘every polling officer shall transmit this elections to INEC saver IRLV after pulling all results.’ At that point, legally speaking INEC cannot do otherwise.”