A chieftain of the All Progressives Congress in Rivers State, Prince Tonye Princewill has accused the Independent National Electoral Commission (INEC) of violating the Electoral Act by suspending the electoral processes in the state.   

Princewill faulted INEC’s position that its action was based on the provisions of Section 26 of the Electoral Act, clarifying that the section only deals with emergencies such as natural disasters that could hinder the conduct of an election on date already fixed.

INEC had suspended the election processes in Rivers State citing violence, threat to the lives of its officials and other sundry issues and predicating its action on Section 26 of the Electoral Act.  

Section 26 (1) of the Electoral Act states that “Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election and shall in respect of the area, or areas concerned, appoint another date for the holding of the postponed election, provided that such reason for the postponement is cogent and verifiable”.

Princewill maintained that “INEC’s decision is illegal because it is not supported by law. Section 26 of the Electoral Act cited in the INEC Press Release is not even applicable because that section deals with a situation where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the election as a result of natural disasters or other emergencies, then the commission may postpone the election.”

“You can see that this provision does not apply to a situation where an election has already been conducted or held, which is the present position in Rivers State.”

He pointed out that the elections in Rivers State have already been held on Saturday, insisting that “INEC is bound by virtue of section 27 of the Electoral Act to announce the results. Having admitted in paragraph one of the Press Release that it has conducted elections on the 9th of March in Rivers State, INEC must by virtue of section 27 of the Electoral Act, announce the results.”

“INEC’s decision to postpone the already held elections is ultra vires, illegal and unconstitutional. Such an unlawful decision can now be challenged in court by virtue of section 26 subsection 5 of the Electoral Act. The challenge can be launched by any of the many contestants at a court or tribunal of competent jurisdiction and on such a legal challenge, the decision of INEC shall also be suspended until the matter is determined”.

“Our concerns about INEC and our lack of faith in the REC are continually validated. This was same way they suspended a by election we held a few months ago when it was clear we were winning. Now, the AAC candidate and several house of assembly candidates supported by APC are cruising to victory and they do it again. Can they not just step out of the way and let the will of Rivers’ people prevail?”

“Rivers state was largely peaceful. Why not deal with areas where you say you have violence and leave the other results to go through? It’s common sense. Why suspend a whole state? Wike will go. It’s only a matter of time. We always knew this. Now the world knows it too. Not even INEC can save him.”