Declare Ovia North East Election Inconclusive – APC Candidate, Osas Uwadiae tells INEC
The APC Candidate for Ovia North East Constituency 11, of the Edo State House of Assembly, Hon. Vincent Osas Uwadiae has asked INEC to declare the election inconclusive.
In a petition by his counsel, Douglas Ogbankwa Esq., Hon. Uwadiae is also demanding that the certificate of return in respect of his constituency be withheld, pending the determination of all pre- and post-election issues in his constituency Election.
Read the full letter below
The Resident Electoral Commissioner,
Independent National Electoral Commission,
Edo State Headquarters,
Log in to primsol.lawpavilion.com and enjoy the best E-journals, textbooks, and many more
To subscribe to Primsol, go to store.lawpavilion.com.
THE NEED TO DECLARE INCONCLUSIVE THE 2023 ELECTIONS CONDUCTED FOR OVIA NORTH EAST CONSTITUENCY 11 OF THE EDO STATE HOUSE OF ASSEMBLY AND THE CERTIFICATE OF RETURN TO BE WITHHELD PENDING THE RESOLUTION OF THE CONTROVERSIES THERETO.
We act as Solicitors to Hon. Vincent Osas Uwadiae (hereinafter referred to as “Our Client”). We write this Petition on his behalf. Our client has briefed us as follows:
That our client is the Candidate of the All Progressive Congress (APC), for Election into the Ovia North East Constituency 11, of the Edo State House of Assembly, which Election was conducted on the 18th of March, 2023.
That during the election, there was electoral violence at Uhogua and Egbeta wards, which was specifically done to cancel wards where our client has strength and propel wards where he has perceived weaknesses.
That after the computation of results, it became apparent that the difference in the votes announced for the candidate returned for the purported winner of the Elections-the PDP Candidate and our client- the first runner up, is less than the number of PVC collected in the units were votes were cancelled.
That this is the kind of scenario where Paragraph 45(B) of the Independent National Electoral Commission Regulations and Guidelines for the Conduct of Elections is applicable. For the avoidance of doubt the said provision states thus:
“Where the margin of lead between the two leading candidate is not in excess of the total number of registered voters of the Polling Unit(s), where election was cancelled or not held, in line with Section 26 and 53 of the Electoral Act, the Returning Officer shall decline a return , until polls have taken place in the affected Polling Unit(s) and the results incorporated into the new Form EC 8C(I) and subsequently recorded into Form EC 8E(I) for Declaration and Return”.
That at Iguoshodin (Ward 12) – the BVAS was carted away by 4 armed men, who are thugs suspected to be of the People Democratic Party. In this Ward, the units affected are: Units 11 and 17- which are in Uhogua with the total number of PVCs collected to be: 2,037.
That in Uhen (Ward 3), Unit 11, which is in Egbeta Community Town Hall, the BVAS used in this ward was also carted away by PDP thugs with the total number of PVCs collected to be: 431.
For the avoidance of doubt, please take notice of the following information: Total of votes in the said election returned for the PDP Candidate – 5334; total number of votes returned for the APC Candidate -3525. Difference in votes between the two leading candidates – 1809. Total number of PVC collected in the units where votes were cancelled-2468
That in compliance with Paragraph 45(B) of the Independent National Electoral Commission Regulations and Guidelines for the Conduct of Elections 2019, the 2023 Election for the Ovia North East Constituency 11, should be declared inconclusive, due to the reasons advanced above.
That a re-run Election should be ordered in the polling units in the wards affected in the conundrum indicated above.
That the certificate of return in respect of this constituency be withheld, pending the determination of all pre- and post-election issues in this constituency Election.
While expecting an expeditious and favorable response to this Petition, please be assured of our highest regards and esteem always!
Douglas Ogbankwa Esq.
Nosakhare Festus -Ajayi Esq.,Counsel to Hon. Vincent Osas Uwadiae. (APC Candidate, 2023 Elections into Ovia North East Constituency 11, of the Edo State House of Assembly).