Bauchi gov’ship: INEC challenges court powers to stop collation of results
…Court refuses to stop election results collation in Rivers
A Federal High Court in Abuja has refused an application to stop the collation of results of the Rivers State’s governorship and House of Assembly elections conducted by the Independent National Electoral Commission (INEC) on March 9.
Justice Inyang Ekwo, yesterday, held that the ex parte application brought by the African Action Congress (AAC) and its candidate, Awara
The Independent National Electoral Commission (INEC) has filed an objection to the order of a Federal High Court in Abuja halting the collation and announcement of results of the governorship election held in Bauchi State on March 9.
In a counter affidavit, which was deposed to by one Hassan Adamu, a Higher Executive
Officer in INEC’s Legal Services Department, the commission argued that the court lacked jurisdiction to dabble into a post-election matter such as the outcome of the Bauchi governorship election.
The deponent informed the court that the decision of INEC to conclude collation for the disputed Tafawa Balewa Local Government Area was made based on figures contained in the duplicates of results of the election.
INEC contended that the election petitions tribunal had the exclusive jurisdiction to review the decision of the commission in electoral matters.
The commission further stated that though it had declared the elections inconclusive, it “rescinded its decision based on facts that emerged later and made a return, any Biomkpomoba, seeking to stop the collation of the results in the state was such that could be granted without hearing the other side.
“The orders as prayed in the ex parte are not such that cannot be granted without hearing from the other side. I therefore make an order that the process be served on the other side for them to come to court to show cause why the prayer sought ought not to be granted. Therefore, the prayers on the ex parte motion are hereby refused,” he said. grievance arising therefrom now rest with the election petitions tribunal,” he said.
The court, presided by Justice Inyang Ekwo, had on Tuesday granted an ex parte injunction restraining INEC from resuming, concluding and announcing the governorship election result pending the determination of the issues raised by the APC and Governor Mohammed Abubakar.
Meanwhile, the matter has been further adjourned to today to enable counsel to the APC and the governor, Ahmed Raji (SAN) to respond to the counter affidavit by INEC.
The judge also frowned at news reports claiming that he had on Tuesday ordered INEC to stop collation of results in the state, describing it as an act of “self-help” which had been prohibited in the judiciary.
The AAC, represented by Tawo Eja Tawo (SAN), had sought an order of court to restrain INEC from further action whatsoever including counting and declaration of results in favour of the PDP pending the determination of the suit.