BY AMOS DUNIA, ABUJA – Former Chairman of the Independent National Electoral Commission (INEC), Professor Maurice Iwu on Monday said the decision by Independent National Electoral Commission to declare the Osun governorship election inconclusive has no basis in law and practice.
This is just as he faulted the rescheduling of parts of the Osun State election as a result of cancellation of some votes.
He specifically said that there is no way the Electoral Act or INEC guidelines cannot supersede the provisions of the constitutional on this purpose.
Prof Iwu, who stated these in a statement made available to Forefront News, said that the incidence of inconclusive election was invented during his tenure as Chairman of INEC, particularly where elections did not take place for one reason or the other.
The former INEC Chairman pointedly said that he later discovered that the proposal violated provisions of the constitution and was forced to drop it, however that the proposal can only be applied in Senatorial, House of Representatives and State Assembly elections and rerun, for which the Constitution did not specify how these rerun should be carried out.
In his words; “Actually, during the review of INEC’s Elections’ Manual, my committee and I as the Chair, invented the inconclusive elections outcomes, particularly where elections did not hold for one reason or the other.
“However, we the initiators of the inconclusive elections later realised that our proposal was against the provisions of the 1999 Constitution (as Amended), particularly the presidential and the governorship elections and rerun.
“In this, what is required by the constitution is that the ‘first past the post’ and/or that the candidate must have pulled majority of the votes cast.
“Secondly, that the candidate in addition to it, must obtain 25 per cent of the total votes cast in two-third of the Local Government Areas of the state in question or of the states in case of presidential election.
“The Constitution has clearly spelt out the manner and how a rerun should be made in the cases of governorship or presidential election rerun,” he stressed.
Iwu said that now that the abuse of this policy is becoming obvious, the beneficiaries of the anomaly have refused to listen or adjust accordingly.