Binani Vs Fintiri : Why INEC Can’t Nullify Announced Results – Senator Abbo

Senator representing the Adamawa North Senatorial District, Ishaku Abbo, has stated that the Electoral Act as amended in 2022 inhibits the Independent National Electoral Commission(INEC) from declaring the collation of results in Adamawa state null and void.

Senator Abbo while speaking on Channels Television, on Monday, maintained the electoral body’s proclamation was insignificant as backed by the electoral act.

Recall, the electoral umpire on Sunday through its National Commissioner, Information and Voter Education, Festus Okoye said the declaring of Aisha Binani, winner of the Adamawa State gubernatorial election was null, void, and of no effect.”

The senator said, “They cannot suspend collation,

“INEC cannot nullify an election that has been announced, they don’t have that power.”

“Elections have been announced, it is out of their hands. The result has been announced by the REC. Section 65 does not operate in isolation, there is section 149.”

Section 149 of the Electoral Act of 2022 states that: “Notwithstanding any other provisions of this Act, any defect or error arising from any actions taken by an official of the Commission in relation to any notice, form, or document made or given or other things done by the official in pursuance of the provisions of the Constitution or of this Act, or any rules made thereunder remain valid, unless otherwise challenged and declared invalid by a competent court of law or tribunal.”

The Senator also insisted that it was futile to challenge an already announced result while accusing the opposition party in the state of electoral infractions.

“It has already been announced, you cannot review a result that they told us. They said the reason why they have not reviewed Fufore was that it was announced.”

“Fufore elections were contentious, we prepared for a free and fair but PDP did not prepare for a free and fair election, they prepared to bypass the elections, they prepared to compromise some certain officials,” he said.

“We prepared for the elections and the elections went smoothly, with the introduction of BVAS, we all voted in line with the dictates of the electoral act and the INEC regulations.”

“Election was taken place, the election was collated. PDP sent someone when they discovered that we had 37,000 votes in favour of APC and went and snatched election results. The chairman of the local government sent someone and snatched election results and disappeared.”