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A PRESS CONFERENCE BY THE LEADERSHIP OF THE LABOUR PARTY ON THE NEED FOR THE SUPREME COURT TO CANCEL THE FLAWED GOVERNORSHIP ELECTION IN IMO STATE AND MANDATE A FRESH ELECTION
The importance of justice in the governance of Imo State cannot be overstated. Labour Party and its candidate in the November 2023 governorship election in Imo state, Senator Athan Achonu have one more chance in the Supreme Court to right the wrongs meted to the Imo electorates who are forced to tolerate a government they never wished for themselves.
Recall also that in 2020, Imo state was a victim of controversial decision that dramatically altered the political landscape of the state. Despite clear evidence of over-voting, which should have led to the cancellation of the election, the court handed the governorship to a candidate in the face of over voting. These decisions in both 2020 and 2023, not only contradicted the principles of fairness and transparency but also set a dangerous precedent that undermines the integrity of our electoral process.
As we approach another Supreme Court judgment, the question of over voting rears its head again. If it scales through again, it means that over voting will become an unwritten law of electoral jurisprudence in Imo state. It is therefore imperative that the Supreme Court corrects this miscarriage of justice. The future of Imo State’s development hinges on the rule of law and the public’s trust in our judicial system.
A just and fair resolution in the current case before the court will not only restore confidence in our democracy but also pave the way for genuine progress and development in Imo State. The people deserve a leadership that truly reflects their will, and the time for justice is now.
First, the integrity of the electoral process is the cornerstone of any democracy, and in Nigeria, our electoral laws are designed to ensure that the will of the people is accurately reflected in election outcomes. Unfortunately, in the case of the recent Imo State governorship election, these laws were blatantly disregarded by both the election tribunal and the appeal court, leading to a grave miscarriage of justice.
The issue at hand is clear: the total number of certified accredited voters for November 2023 governorship election, as certified by INEC, was just over 500,000. However, the total votes counted, which was used to declare the candidate of APC winner exceeded 700,000, resulting in an over-voting discrepancy of more than 200,000.
We had raised this issue during the election as we had clear evidences of abuse of electoral practices including falsification and mutilation of result sheets, harassment of the Labour Party’s agents, snatching of ballot boxes and open vote buying.
According to Section 53 of the Electoral Act 2010 (as amended), any election marred by over-voting should be canceled. This provision is unambiguous and does not leave room for alternative interpretations. The law was crafted to protect the sanctity of the electoral process and ensure that elections are free, fair, and reflective of the voters’ true choice.
Regrettably, despite the overwhelming evidence of over-voting, both the election tribunal and the appeal court failed to apply this clear legal standard. Instead, they chose to validate an election result that is fundamentally flawed and legally indefensible. This is not just a violation of the law but also a profound injustice to the people of Imo State, who deserve a leadership that genuinely reflects their will.
The situation is eerily reminiscent of the Supreme Court’s controversial decision in 2020, where a similar issue of over-voting was overlooked, leading to the installation of a candidate who had initially placed third. Such judicial oversights undermine public confidence in the electoral system and threaten the very foundations of our democracy. The Supreme Court now has the opportunity to correct this injustice and restore faith in our legal institutions by upholding the law as it is written—clear, unambiguous, and without room for further interpretation.
In yet another clear instance of miscarriage of justice, the petitioners in the Imo State governorship case faced significant obstacles in accessing crucial evidence, specifically the BVAS (Bimodal Voter Accreditation System) devices. Despite making formal requests for over 4,000 BVAS units, which were essential to prove their case of electoral malpractice, the petitioners encountered deliberate delays and obstructions. Only 30 BVAS units were eventually provided, and even then, only for partial inspection.
Of utmost importance is that fact that the Imo State election took place in only 4,720 out of 4,758 polling units in Imo State.
Labour Party has also noted that the direct implications of these rape on democracy could be the inability of the Imo citizens to submit and subject themselves to the present government which they believe was imposed on them. In the last four and half years of the Senator Hope Uzodinma’s government, the socio -economic crises in the state have assumed a dangerous height where criminality has become the order of the day. The economic potentials of the state have completely frozen and the state has witnessed worst infrastructure development in the entire South East. Imo state is therefore looking up to the Supreme Court to salvage the situation and restore sanity within its fold.
OUR KEY DEMAND
The Supreme Court is expected to act decisively and uphold the electoral laws. Given the clear evidence of over-voting, which invalidates the election results according to the law, the Court should order the cancellation of the flawed election and mandate a fresh governorship election in Imo state. This action is essential to restore public trust and uphold the integrity of the judicial system.
SIGN
Obiora Ifoh
National Publicity Secretary
Labour Party.
August 12, 2024
