Pursuant to the claim that the governorship election in Ogun State ought to be declared inconclusive, the candidate of the People’s Democratic Party (PDP), Ladi Adebutu, has written to the Independent National Electoral Commission (INEC), through his lawyers.
In a recent letter signed by the politician’s lead counsel, Chris Uche, a senior advocate of Nigeria, INEC contravened the margin of lead principle, as entrenched in the Electoral Act.
The letter reads: ‘We act as Counsel to Hon. Oladipupo Adebutu, the gubernatorial candidate of the Peoples Democratic Party (PDP) in the governorship election conducted by your Commission in Ogun State on Saturday, 18th March 2023. We also represent the People’s Democratic Party (PDP), both hereinafter called our clients, and we write on their instructions.
‘At the collation of results at the above-said election, it became clear that the margin of lead between Mr. Adedapo Abiodun, the candidate of that All Progressives Congress and our client was not in excess of the total number of voters who collected their Permanent Voters Cards (PVCs) in polling units where elections did not hold or were voided. We enclose the extract of the votes showing that whereas the total number of Permanent Voters Cards (PVCs) in places elections were not held was 33,750, the lead as announced by the Returning Officer between the two candidates was only 13,915. In accordance with the Electoral Act 2022 and the INEC Regulations and Guidelines for the Conduct of Elections, 2022, the Returning Officer shall and must decline to make a return in the circumstances,’ he said.
The Senior lawyer, however, called on the electoral umpire to review the result, rather than wait for an electoral petition.
‘“We therefore apply that your Commission exercises its powers under Section 65(1) of the Electoral Act 2022 to review this wrongful declaration and return within seven days of said return.
“We state that this a clear case of a declaration made contrary to the provisions of the law, the regulations and the guidelines, and need not wait for an election petition before review.”
