Olanipekun, SAN Writes INEC Chairman Over Cross River Senatorial By-Election

A Senior Advocate of Nigeria (SAN), Chief Wole Olanipekun, has
written the Chairman of the Independent National Electoral
Commission (INEC), Professor Mahmood Yakubu, over alleged mischief
of INEC in court cases on the just concluded by- election for Cross
River North senatorial district.

INEC had declared Senator Stephen Odeh of the Peoples Democratic
Party (PDP) winner of the December 5 senatorial by-election after
winning majority of lawful votes cast by the electorate in the
district.

Consequently, the electoral umpire issued him Certificate of
Return and Odeh was accordingly sworn in as senator representing
Cross River North senatorial district at the National Assembly.

However, INEC based on a court judgment which purportedly
declare Hon. Jarigbe Jarigbe as the lawful candidate, issued
another Certificate of Return to Jarigbe.

Prior to the delivery of the judgment late December, Olanipekun
had in the letter dated December 21 and addressed to the INEC boss,
“Protest the way and manner INEC attended to suit CV/77/2020”,
which involved one Chief John Alaga and Jarigbe and INEC.

According to him, the suit filed before a High Court of the
Federal Capital Territory (FCT) was a deliberate attempt to “scheme
out Odeh and the PDP by not joining them as parties in the
suit”.

He explained that INEC who was a defendant in the suit acted
mischievously when it failed to draw the attention of Odeh and PDP
to the suit knowing fully well that Jarigbe and Odeh have filed
several suits on the authentic candidate of the party, wherein
judgment was in the favour of Odeh.

He specifically berated INEC for concealing from the FCT High
Court other cases relating to the one before the court wherein they
are a party.

He also accused INEC of not disclosing to the FCT Court that
Odeh’s nomination form was duly signed by the National Chairman and
Secretary respectively of the PDP.

Olanipekun further argued that the suit was faulty abi nitio as
it was filed more than 14 days after the PDP held its primary
election to select its candidate for the election, adding that
Jarigbe did not participate in the said primary election and as
such cannot challenge its outcome.

“Constitutional provision is binding on INEC and all other
authorities in Nigeria; and it disqualifies, automatically and/or
ab initio, irrespective of any other situation, circumstance or
development, Honourable Jarigbe Agom Jarigbe from laying any claim
to or wanting to usurp the seat or position of our client as the
Senator representing the Cross River North Senatorial District in
the National Assembly. By the same token, the said constitutional
provision prevents, restrains and forbids INEC from transferring,
or attempting to transfer, exchanging or attempting to exchange our
client’s certificate of return to any pretender or usurper,
including, but not limited to Hon. Jarigbe Agom Jarigbe”, he
said.

“The declaration and return of our client as the winner of the
by-election conducted by INEC on 5th December, 2020, has not been
challenged in any tribunal.

“Chairman, sir, we submit, most humbly, that the scenario
painted in this letter calls for sober reflection on the part of
all concerned. It is very disturbing, to say the least, or to put
it mildly. The commission might wish to carry out a thorough
investigation on the entire episode”, he added.

A Senior Advocate of Nigeria (SAN), Chief Wole Olanipekun, has
written the Chairman of the Independent National Electoral
Commission (INEC), Professor Mahmood Yakubu, over alleged mischief
of INEC in court cases on the just concluded by- election for Cross
River North senatorial district.

INEC had declared Senator Stephen Odeh of the Peoples Democratic
Party (PDP) winner of the December 5 senatorial by-election after
winning majority of lawful votes cast by the electorate in the
district.

Consequently, the electoral umpire issued him Certificate of
Return and Odeh was accordingly sworn in as senator representing
Cross River North senatorial district at the National Assembly.

However, INEC based on a court judgment which purportedly
declare Hon. Jarigbe Jarigbe as the lawful candidate, issued
another Certificate of Return to Jarigbe.

Prior to the delivery of the judgment late December, Olanipekun
had in the letter dated December 21 and addressed to the INEC boss,
“Protest the way and manner INEC attended to suit CV/77/2020”,
which involved one Chief John Alaga and Jarigbe and INEC.

According to him, the suit filed before a High Court of the
Federal Capital Territory (FCT) was a deliberate attempt to “scheme
out Odeh and the PDP by not joining them as parties in the
suit”.

He explained that INEC who was a defendant in the suit acted
mischievously when it failed to draw the attention of Odeh and PDP
to the suit knowing fully well that Jarigbe and Odeh have filed
several suits on the authentic candidate of the party, wherein
judgment was in the favour of Odeh.

He specifically berated INEC for concealing from the FCT High
Court other cases relating to the one before the court wherein they
are a party.

He also accused INEC of not disclosing to the FCT Court that
Odeh’s nomination form was duly signed by the National Chairman and
Secretary respectively of the PDP.

Olanipekun further argued that the suit was faulty abi nitio as
it was filed more than 14 days after the PDP held its primary
election to select its candidate for the election, adding that
Jarigbe did not participate in the said primary election and as
such cannot challenge its outcome.

“Constitutional provision is binding on INEC and all other
authorities in Nigeria; and it disqualifies, automatically and/or
ab initio, irrespective of any other situation, circumstance or
development, Honourable Jarigbe Agom Jarigbe from laying any claim
to or wanting to usurp the seat or position of our client as the
Senator representing the Cross River North Senatorial District in
the National Assembly. By the same token, the said constitutional
provision prevents, restrains and forbids INEC from transferring,
or attempting to transfer, exchanging or attempting to exchange our
client’s certificate of return to any pretender or usurper,
including, but not limited to Hon. Jarigbe Agom Jarigbe”, he
said.

“The declaration and return of our client as the winner of the
by-election conducted by INEC on 5th December, 2020, has not been
challenged in any tribunal.

“Chairman, sir, we submit, most humbly, that the scenario
painted in this letter calls for sober reflection on the part of
all concerned. It is very disturbing, to say the least, or to put
it mildly. The commission might wish to carry out a thorough
investigation on the entire episode”, he added.