INEC: Starting with 2023, We’ll Leave Legacy of Transparent Electoral Process

•Says commission constitutionally empowered to review returns 

• Boasts power to suspend an election within 21 days

Chuks Okocha in Abuja

The Independent National Electoral Commission (INEC), yesterday, vowed that it would leave a legacy of transparent election in the country, using the 2023 general election as its launch pad.

Also, to avoid a situation, where politicians hold INEC staff at a gun point to declare false election result, the commission said it has been empowered by the new electoral law to review any election returned by any of its staff.

In the 2019 election, a former governor of Imo State, Senator Rochas Okorocha, allegedly forced some INEC staff at gun point, to declare him winner of the election.

INEC National Commissioner in charge of Information and chairman of Voter Education, Festus Okoye, who spoke at the closing ceremony of a two day workshop for journalist covering the commission, said INEC has the capacity to suspend any ongoing election within 21 days.

He said, “The aim of this workshop is to ensure that there is adequate preparation for the next general election.  We want to carry the media along in this journey to a transparent legacy of free and fair election, which every Nigeria will hold his or her head up with the outcome of the next year general election.

“Like what took place in Osun State, every Nigerian – whether home or in the Diaspora – will be proud of the transparent nature of the election,” Okoye stated.

Okoye, who presented a document on how to ensure  that no staff of the commission – permanent or temporary – was forced at gunpoint to declare election results, said, “Section 65 of the Act gives the Commission the power within seven days to review a declaration and return made where the Commission determines that the said declaration and return was not made voluntarily or was made contrary to the provisions of the law, regulations and guidelines, and manual for the election.

“The Commission will exercise this power responsibly based on the provisions of the Constitution, the Electoral Act and its Regulations and Guidelines. It is inconceivable that Collation/Returning Officers of the Commission should act independent of the appointing authority.

“Fortunately, section 27(2) of the Act, has made it mandatory that officers appointed by the Commission for the purpose of an election shall perform such functions and discharge such duties as may be specified by the Commission and shall not be subject to the direction or control of any person or authority than the Commission in the performance of their functions and discharge of their duties.

“The Commission will design clear guidelines on exercising these powers and will rely on reports from its officers before activating its powers under the law. “

On the issue of transparency and managing unforeseen challenges, he said, “Section 34 of the Act gives the Commission the power to suspend an election for a period of not more than 21 days; in the case of election into a Legislative House and start afresh.

“If the candidate dies, the party sponsoring the deceased candidate has 14 days to conduct fresh primaries, provided that in the case of presidential or gubernatorial or Federal Capital Territory Area Council Chairmanship elections, the running mate shall continue with the election and nominate a new running mate.

“Section 41(3)&(4) of the Act provides that Polling agents shall be entitled to be present at the distribution of the election materials, electronic voting machine and voting devices from the office to the polling booth. Polling agents, who attend a polling unit, may be entitled, before the commencement of the election, to have originals of electoral materials to be used by the Commission for the election inspected, and this process may be recorded as evidence in writing, or video or by other means by any polling Agent, accredited observer or official of the Commission.

“Section 73 of the Act renders invalid any election conducted at a polling unit without the prior recording in the forms prescribed by the Commission of the quantity, serial numbers and other particulars of result sheets, ballot papers and other sensitive electoral materials made available by the Commission for the conduct of the election,” he stated.