INEC Vows to Vacate Court Order | Nairalaw

Following the order of a Federal High Court, Abuja barring the
Independent National Electoral Commission (INEC) from continuing
with the collation and declaration of the result of the Bauchi
State governorship election held on March 9, 2019, the commission
has vowed to take steps to vacate the order.

Consequently, it has filed a motion challenging the jurisdiction
of the court to entertain the exparte application filed by the
Bauchi State Governor Mohammed Abubakar and the All Progressives
Congress (APC) in the state to stop INEC from the collation and
declaration of result.

The electoral body had earlier fixed March 23, 2019 for the
conduct of supplementary elections to conclude the process and make
a rerurn in the governorship elections in Adamawa, Sokoto, Bsuchi,
Benue, Kano and Plateau States which were declared
inconclusive.

Although, the commission later reversed itself on Bauchi State
as it approved the resumption and conclusion of the collation of
results of Tafawa Balewa Local Government Area, after the committee
set up by the commission established that the result in polling
units and registration areas are available and in safe custody.

The committee also established that the number of cancelled
votes for the four polling units in Ningi Local Government Area,
which was recorded as 25,330 in form EC40G (1) was incorrect, as
the actual figure is 2,533.

But Justice Inyang Ekwo of the Federal High Court in Abuja had
on Tuesday stopped INEC from proceeding with the collation,
conclusion and announcement of the result of the governorship
election in Bauchi State.

The order issued on the strength of an ex parte application
filed by the APC and the incumbent Governor of Bauchi State
Abubakar shall however last till the determination of the suit
brought before the court by the two plaintiffs.

The development came barely 48 hours after Abubakar visited
President Muhammadu Buhari in Abuja, during which the president had
supported the governor’s decision to go to court.

In the ex parte motion, the APC and Abubakar had prayed the
court for an order of interim injunction restraining INEC from
resuming, concluding or announcing the result of the Tafawa Balewa
Local Government Area of Bauchi State in respect of the election to
the office of governor of Bauchi State.

Justice Ekwo had while ruling on the ex parte motion on Monday
ordered INEC to appear before him on Tuesday to show cause why the
order sought by the two plaintiffs ought not to be granted.

Instead of complying with the order of the court, INEC
represented by Tanimu Inuwa (SAN) at Tuesday’s proceedings
approached the court with a motion challenging its
jurisdiction.

In his ruling, the judge granted the interim injunction
restraining INEC from resuming, concluding and announcing the
governorship election result in Bauchi State pending the
determination of all issues raised by the plaintiffs in their
originating summons.

Reacting to THISDAY enquiry Tuesday, the INEC National
Commissioner and Chairman, Voter Education and Publicity, Mr.
Festus Okoye, confirmed that the electoral body has suspended the
collation of governorship results relating to the Tafawa Balewa
Local Government, based on the order of the Federal High Court
sitting in Abuja.

He added that the collation and declaration of results for
Tafawa Balewa State Constituency Election would continue, while the
supplementary election relating to other polling units not affected
by the court order would continue on Saturday.

Okoye stated: “The commission will continue to obey court orders
and will take steps to vacate orders that it believes are not in
consonance with the law. The commission has filed a motion
challenging the jurisdiction of the court and will wait for the
determination of the suit.”

The commission had always maintained that whenever it is served
with a court order, it deliberates on it, satisfies itself that the
order is from a properly constituted court of law and relates to
the issues within its statutory and constitutional mandate.

The commission also said that it does not sit on appeal over
orders from the various courts and it does not pick and choose
which order to obey and which one not to obey.

INEC had insisted that it was a matter of common knowledge that
the country is now within the orbit of post-election challenges and
litigation and no new matter could be filed or adjudicated upon by
the various courts arising from the conduct of elections.

According to the commission, “The constitution of the Federal
Republic of Nigeria,1999 (Fourth Alteration, No. 21) Act, 2017
gives the High Courts of the States, the Federal High Court and the
High Court of the Federal Capital Territory, Abuja the exclusive
right and jurisdiction to hear and determine matter with
pre-election flavour.
“The moment elections are conducted, all matters relating to
whether anyone has been validly elected as a member of the National
Assembly or whether a Certificate of Return was validly issued to a
candidate reverts to the National and State Houses of Assembly,
Election Tribunals as established pursuant to section 285 of the
Constitution of the Federal Republic of Nigeria.”