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Published On: Tue, Mar 12th, 2019

INEC suspension of Tafawa Balewa LG election lacks substance – Dogara

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From Ahmad Mohammed,Bauchi

Speaker of the House of Representatives, Hon Yakubu Dogara, has said that the decision of the Independent National Electoral Commission, INEC, to cancel the Tafawa Balewa local government governorship election results in Bauchi State lacks substance; and it was clear departure from the provision of the law.
Speaking during a media briefing in Bauchi, Hon Dogara noted that it is absurd that the electoral body would order a cancellation of the results of an election that was conducted in a free, fair and transparent manner, save for the issue of computation of the final results which was caused by the carting away of the result sheet by agents of the sitting governor, Mohammed Abdullahi Abubakar, who is the candidate of the All Progressives Congress (APC).
According to Dogara, “There was no problem at all in Tafawa Balewa. The only problem they had was the final collation. If that was the only problem, one will think that the worse decision that can be taken is for them to provide the relevant collation sheet to her (collation officer) and say go and complete the collation and bring it in the proper sheet. But in law, anybody who is a lawyer knows that the issue of form does not defeat the issue of substance.
“Now, the substance is that there was a fair, free and credible election, which nobody is challenging. The only issue is that it wasn’t conveyed in the proper form and that can be cured and so, as it is, this election has been won and lost, no matter how you look at it and the PDP, Kauran Bauchi is, by the grace of God, the sitting governor-elect.”
“As it is now, there is no problem, absolutely no problem with the votes from Tafawa Balewa. The chairman of INEC has told the world that elections begin and end at the unit. If they had cancelled any result at the level of unit collation or ward collation, it would have stood cancelled but for there to be peaceful elections, free and fair as attested to by the local government returning officer, Mrs Dominica Anosike, for there to be very peaceful, transparent collation of all the results across the eleven wards in Tafawa Balewa and the only challenge we had was that the Governor’s thugs and boys went and invaded the local government collation centre and carted away some result sheets. Thereafter, the returning officer who collated it on a separate paper, and then wrote a letter, an explanatory memoranda to the state returning officer and the Resident Electoral Commissioner to say that this was the situation in which they found themselves and that was why they had to use another result sheet to do the computation.”
Going further, Hon Dogara wondered why, even though the identity of the thugs who invaded the local government collation centre is public, having been identified as agents of the governor when apprehended, the governor will still be made the beneficiary of the action by cancelling the result in his favour.
Thus, Hon Dogara stated that in law, a criminal is never allowed to take the benefits of the fruits of his own crime.
“If you look at it carefully, the thugs that invaded the collation centre in Tafawa Balewa are agents of the governor, the sitting governor of Bauchi State. Their names were read out, it is not a rumour, they were apprehended by the army, including the vehicle they used for the operation and they have been handed over to the police.
“Now, if they were acting for a disclosed principal, which is the governor of Bauchi State, the point is that in the law of agency which we read and it hasn’t changed, the principal is responsible for the acts of his agents.
“ So, if they were acting as agents of the sitting governor, will the governor now take benefit of the crimes committed by his agents? That is one big question that INEC must answer.”

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