INEC To Appeal Verdict On Imoke, Sylva, Nyako, Others: Says INEC Chairman, Prof. Attahiru Jega

[NewsCaster]

Independent National Electoral Commission (INEC) has resolved to appeal against the Federal High Court judgment elongating the tenure of Senator Liyel Imoke and four other governors.

Fielding questions from a select newsmen after presenting a paper on the "one-day retreat on political parties' code of conduct 2011" in Calabar yesterday, the INEC Chairman, Prof. Attahiru Jega said, "we have taken the decision to appeal it (court judgment)."

Jega, who did not reveal much on the matter, said the court decision was not okay by the Commission, hence the appeal.

He said: "Frankly, whatever we do, we do in accordance with the rule of law. The Constitution, the Electoral Act and court judgments are there, which constitute a legal framework under which we operate."

INEC decision to appeal the court ruling is coming as opposition parties in Cross River State have rejected the judgment elongating the tenure of Governor Liyel Imoke and four others.

The governorship candidate of the All Nigeria Peoples Party (ANPP) in the state, Mr. Iheke Awa Solomon, told The Guardian that, "I must confess that judgment would be overturned by the Court of Appeal.

"We will go to the Supreme Court if need be because the judgment purports to confer benefits on wrong doers. It is not the correct and true intent of the lawgivers."

The court last week gave verdict in favour of the governors, who won re-run elections in 2008 after their initial victories in 2007 were quashed by election tribunals.

The governors, Imoke of Cross River State, Timipre Sylva (Bayelsa), Murtala Nyako (Adamawa), Magatakarda Wamakko (Sokoto) and Ibrahim Idris of Kogi State, had gone to court following INEC's stand that their tenure would end in May this year.

The governors had secured fresh mandates following re-run polls, after the tribunals nullified their previous mandates.

Thus, INEC, relying on the amended 1999 Constitution, which does not reckon with a second oath of office after a re-run election, asked them to prepare for the April 2011 elections.

The governors kicked, and sought the court interpretation of the affected section of the extant 1999 Constitution, which the court actually deciphered in the their favour.

However, INEC, which was joined as respondent in the governors' suit, promised to take a decision on it after due consultations with its lawyers.

Consequently, fielding questions from a select newsmen after presenting a paper on the "one-day retreat on political parties' code of conduct 2011" in Calabar yesterday, the INEC Chairman, Prof. Attahiru Jega said, "we have taken the decision to appeal it (court judgment)."

Jega, who did not reveal much on the matter, said the court decision was not okay by the commission, hence the appeal.

He said: "Frankly, whatever we do, we do in accordance with the rule of law. The Constitution, the Electoral Act and court judgments are there, which constitute a legal framework under which we operate."

On the issue of party congresses, with the INEC rejecting the PDP Cross River list for the National and State Assembly 2011 elections, Jega said: "One of the important requirements for fielding candidates for any political party is the requirement of primaries and congresses taking place.

"In the case of Cross River, information available to us as at the time that we took the decision that we took, is that congresses for the selection of candidates did not take place.

"Yes, primaries took place and yes, there were states where our people went to monitor the primaries, but we cannot accept primaries when there were no congresses before that.

"So, that is what guided our decision, as INEC, to say that since congresses did not take place, then we would not accept the result of the primaries.

"We are law-abiding and the party went to court and obtained a court order and as of now, we are complying fully with the court order.

"So far as we are concerned, we take our decision based on the information available to us, based on the credible process that we are having in place. If the court says otherwise, we respect court orders."

Jega added: "If we feel strongly about the court order, we go back to the court and then we request for the court order to be set aside.

"As far as I am concerned, our RECs in many places, especially Cross River, have been doing their best under difficult circumstances and we have to rely on our REC (Mike Igini) and he has done his best and we have no evidence before us that he has done anything outside what is required of him as a representative of INEC.

"We have heard news about protest (against Igini) and so on, but we do not rely on rumours but the facts before us, and the facts before us really show that our RECs, especially in Cross River, are doing their best under the circumstances."



Source: INEC To Appeal Verdict On Imoke, Sylva, Nyako, Others