We lack powers to withdraw Benue Speaker’s Certificate of Return —INEC

INEC Chairman, Prof. Mahmood Yakubu

Aviashima Toom

The Independent National Electoral Commission said on Saturday that it has no locus standi to withdraw the Certificate of Return of the Speaker of the Benue State House of Assembly, Mr. Terkimbi Ikyange, who it described as a “validly elected candidate.”

INEC stated this in a position paper presented to the House of Representatives Standing Committee on Public Petitions, following a petition from a Law firm, J.I Abaagu & Co on behalf of the people of Ushongo Local Government Area.

In the petition, the law firm alleged that INEC had refused to obey the Order of the Federal High Court compelling the commission to restore an additional constituency in Ushongo and conduct elections in the two constituencies.

It further noted that the court order required the creation of two constituencies in the local government “by whatever name called” and conduct election in each of them, adding that both processes would entail the creation of legal entities regarding the two constituencies, as well as the election of lawmakers.

But INEC argued that doing so would require compliance with the procedures for delimiting constituencies as stated in Sections 112, 113 and 114 (1) and (2), which outline conditions for the exercise.

While noting that the court did not order the commission to act arbitrarily, INEC stated that it had no power to nullify Ikyange’s election on the basis of the ruling of the Federal High Court in November, which ordered it to restore the suppressed Mbagwa constituency.

The commission further stated that the petition called for an elected member to be split into two, adding that the case determined by the court was neither a pre-election matter involving a candidate nor an election petition tribunal or appeal.

INEC also cited Section 68 (c) of the Electoral Act (as amended), which stipulates that once a declaration is made by a returning officer, only a “tribunal or court in an election petition proceeding” can set it aside.

The electoral body added that Section 133 of the Electoral Act required that “the person elected or returned is joined as a party” and that Ikyange was not a party to the case.

INEC warned that any attempt by the commission to tamper with his mandate may trigger litigation against it, which may lead to a delay in the enforcement of the court order.