The Peoples Democratic Party has asked the Independent National Electoral Commission to certify its candidate, Peter Mbah, as the winner of Saturday’s governorship race in Enugu.
In an appeal to the INEC Chairman, Mahmood Yakubu, dated March 19, and signed by the PDP State Collation Officer, Dr Festus Uzoh, the PDP claimed proclaiming their candidate as a winner is the only alternative available in accordance with the terms of the Electoral Act 2022.
According to Section 64(8) of the Electoral Act 2022, once collation is complete, the collation officer who collated the results must declare the results and make a statement.
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“The State Returning Officer, having collated the results from Nsukka LGA and Nkanu East LGA, and collated same, his statutory duty and legal responsibility is to announce and declare the results.
“We note that issues relating to accreditation and votes cast in a polling unit and the fate of such votes where they exceed the number of accredited voters in such units are guided by Section 51(2) of the Act.
“The position of the law is that a Returning Officer has no power to cancel any results at the stage of collation. What he can do under Section 64(7) of the Electoral Act 2022 is to re-collate after verification from the technological device that there is a difference between the results from the device and the one produced. We understand that you have indeed verified this from the INEC Headquarters, Abuja.
“The only option open to any person dissatisfied with the process is to resort to Section 130(1) of the Electoral Act,” the PDP said.
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Section 130(1) of the Electoral 2022 Act empowers the tribunal or court to receive and adjudicate petitions and complaints related to elections.
The PDP also questioned the LP’s complaint about the Nkanu East governorship election results since it had already recognized the declaration of its candidate, Mr. Kelvin Chukwu, as the senator-elect for the Enugu East senatorial election, which was held on the same day and in the same venue.
“The LP was declared the winner of the senatorial election and did not at any stage raise any objection or complaint about the conduct of the election in the Nkanu East Local Government.
“We believe that the Returning Officer for Nkanu East Local Government Area has duly complied with the provision of Sections 64(4)(a)&(b) and Section 64(a)&(d) of the Electoral Act 2022.
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“We, therefore, submit that the only option open to you as the State Returning Officer for the Governorship election in Enugu State under Section 64(8) of the Electoral Act 2022 is to announce the results and make a declaration of the winner of the election.
“Our prayer is that you announce the results and declare our Governorship candidate, Dr. Peter Ndubisi Mbah, the winner of the election,” the party concluded.
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