In a scathing rebuke, the Court of Appeal in Abuja has criticized the Independent National Electoral Commission (INEC) for perceived bias in electoral disputes, accusing the electoral body of taking sides in favor of a political party.
The appellate court, delivering judgment on an appeal concerning the Bauchi State House of Assembly election, chastised INEC for disavowing documents it had issued and certified, suggesting a lack of neutrality in election disputes.
The three-member panel unanimously overturned the election of Abubakar Suleiman, the Speaker of the Bauchi State House of Assembly for Ningi Central Constituency, in the lead judgment issued by Justice K. I. Amadi, finding that evidence provided revealed the election was inconclusive.
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Citing anomalies and inconsistencies, the court ordered INEC to hold a supplementary election in 10 voting units across the state within 90 days. In addition, the court slapped a N500,000 fine on INEC.
The case arose from an appeal filed by Khalid Abdulmalik-Ningi of the All Progressives Congress (APC) against Suleiman’s election on the Peoples Democratic Party (PDP) platform.
Suleiman was declared the winner by INEC with 16,866 votes to Abdulmalik-Ningi’s 15,065 votes. Despite the presence of nine witnesses and verified INEC documentation supporting his charges of anomalies, the tribunal dismissed the APC candidate’s plea.
While criticizing the tribunal’s decision, the Court of Appeal emphasized the probative importance of the INEC papers supplied by the appellant, pointing out that these documents substantiated the claimed non-compliance with electoral regulations.
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Concerned about INEC’s refusal to accept canceled results despite their presence in official INEC records, the court emphasized the tribunal’s legislative jurisdiction to accept these certified documents as legitimate evidence.
The judgment represents a significant indictment of INEC’s conduct in electoral disputes, calling for impartiality and adherence to electoral laws to ensure fairness and credibility in Nigeria’s electoral processes.