TheCable

Timipre Sylva, candidate of the All Progressives Congress (APC) in the Bayelsa state governorship election, has asked the Independent National Electoral Commission (INEC) to declare the winner of the poll.

In a petition to Mahmood Yakubu, chairman of the commission, Sylva faulted the decision of INEC to cancel the election of Southern Ijaw local government, saying the action is tantamount to “usurping the functions of the tribunals”.

He said that if INEC could postpone the election in Southern Ijaw local government, considered his own stronghold, it should also have cancelled the election in places where Seriake Dickson, candidate of the Peoples Democratic Party (PDP won as well.

“Election materials were distributed from Southern Ijaw local government headquarters at Oporoma to the different ward headquarters, and elections conducted in a free and fair manner at the different polling units and results announced,” the letter read.

“Elections were concluded on Sunday 6th December without any reported violence from the polling units or wards either by INEC officials on the field at the units or ward level.

“That the different results from the LGAs were being collated at the state collation centre in Yenagoa from Sunday 6th to 7th December as the results were brought in by the different LGAs, and the returning officer never reported any violence either during the election or while collation was ongoing as he had told everyone that the results of Southern Ijaw local government area are still being awaited.

“About 4pm or 5pm, the resident electoral commissioner (REC) for Bayelsa state announced the cancellation of the results of the election of Southern Ijaw local government area citing violence and ballot snatching, and that another date for elections in Southern Ijaw would be announced.

“We consider the action of cancelling results of an election while collation is on-going as a dangerous precedent, usurping of the functions of the tribunals established by the constitution illegal and reminiscent of the annulment of June 12, 1993 presidential election and if allowed stand will not only expose your commission to endless and avoidable litigation and would become a ready tool in the hands of officials of your commission the power to truncate the will of the people.

“It is important to note that under the constitution of the Federal Republic of Nigeria 1999 (as amended) and the electoral act 2010 (as amended), there is no power either, express or implied that is vested on the resident electoral commissioner, your commission or any staff whatsoever to cancel election that has commenced or concluded, in any manner as was done in Bayelsa state.

“The commission’s power, in the above, is limited only to the postponement of election that has not commenced.”

Sylva argued that if INEC feels it has the powers “to cancel already concluded or on-going elections”, it should also void elections in some of the areas where Dickson, his main rival, won.

“Without prejudice to our assertion, where your commission feels strongly that it has powers to cancel already concluded or on-going elections, it is demanded that, in the interest of equity, fair-play and justice, your commission cancels the elections in Ekeremor, Sagbama local government areas, ward 4 and 5 of Yenagoa and wards 8,9 and 10 of Nembe local government areas,” the letter read.

While Dickson is leading in six of the seven local government areas announced so far, Sylva whose stronghold is Southern Ijaw, which has over 127,000 registered voters, believes the result of the area would place him ahead of Dickson.

Dickson polled 105,748 votes and Sylva garnered 72,594 votes, leaving a margin of 33,154 between both candidates.