The Independent National Electoral Commission (INEC) has said only the court could stop the Peoples Democratic Party (PDP) governorship candidate, Mr. Godwin Obaseki, and his running mate, Hon. Philip Shaibu, from contesting the September 19 election in Edo State.
INEC, which acknowledged it is aware of a suit by the All Progressives Congress (APC) challenging the candidacy of Obaseki, the incumbent governor, and Shaibu, his deputy, told THISDAY yesterday that it has no official position on the suit.
The clarification came as the APC and the PDP in Edo State yesterday engaged in a war of words over the allegation by the APC that the PDP and Obaseki were recruiting cultists to cause mayhem during the governorship election.
INEC, last week, in compliance Section 34 of the Electoral Act 2010 (as amended), had published the final list of candidates for the governorship election in the state by displaying it in its offices in the state capital and the 18 local government areas of the state.
Speaking yesterday on the court action by the APC against Obaseki and his running mate, the INEC’s National Commissioner in charge of Voter Education and Information, Mr. Festus Okoye, said the commission, as a creation of the constitution and the law, would “not dictate to or abridge or assist in circumventing the constitutional and legal rights of aggrieved persons, aspirants, candidates or political parties in seeking redress or refuge in the courts for perceived or actual violation of their rights.
“They have the right to ventilate their grievances and it is left to the courts to determine whether their suits merit its intervention.
“Section 31(1) of the Electoral Act, 2010(as amended) makes it mandatory for political parties to submit the names of candidates they intend to sponsor for governorship election in Edo State to the commission 60 days before the date appointed for the election. In compliance with our timetable and schedule of activities as well as section 31(3) of the Electoral Act, the commission published the personal particulars of the candidates in the INEC office in Edo State.
“The essence and implication of the publication is that any person who has reasonable grounds to believe that any information given by a candidate in the affidavit or any document submitted by that candidate is false may file a suit at the Federal High Court, High Court of a state or FCT against such a person seeking a declaration that the information contained in the affidavit is false.
“By Section 31(6) of the Electoral Act, if the court determines that any of the information contained in the affidavit or any document submitted by that candidate is false, the court shall issue an order disqualifying the candidate from contesting the election.”
Okoye said the commission would focus on its constitutional and legal mandate of organising, undertaking and supervising the governorship election.
“It is the duty and responsibility of courts to interpret the law and the constitution. The commission will continue to give effect to all lawful orders and judgments from superior sourts of record,” he added.
He stated that with the publication of the final list of candidates, no political party could withdraw or substitute any of the nominated candidates or tamper with the list and particulars of the candidates in a manner inconsistent with the intendment of the constitution and the Electoral Act. Thisday
