Constitutional lawyer and Human Rights Activist, Dr. Tunji Abayomi, has said that the result of the 2023 Presidential election must be declared immediately in the interest of peace in the country.
Abayomi, who is the Pro-Chancellor and Chairman of the Governing Council for Adekunle Ajasin University, Akungba Akoko, in a statement issued and signed personally said the issue of delaying the announcement of the result should not arise at all.
“There is no law in Nigeria that allows a political party to direct INEC to stop declaration of the result of election. There is no law that allow any individual the right or privilege to demand for postponement of election or avoidance of election. Therefore the result of the 2023 Presidential election must be declared.
“Electronics transmission of election result is not compelled on INEC under the law, so is uploading. Where these steps have been complied with, INEC diligently discharged its duty, where INEC has failed, the Election Tribunal is established by law to provide remedy.
“Electoral Act 2022 controls all elections in Nigeria. Procedure at the election is established in Part IV of the Act which contains Sections 24 to Section 74.
“Complaints about irregularity of any Electoral procedure which is the exclusive prerogative of the Election Tribunal under Section 30 of the Electoral Act 2022 can only be valid when a complaint is directed to a specific part of the Electoral Act that is violated.
“Neither the PDP, the Labour Party or Labour Party most celebrated promoters and supporters have directed us to any part of the Electoral Act 2022 that is violated in their rhapsody. The rational reaction to their complaint is for INEC to disregard and dismiss their unworthy attempt to halt the announcement of the result.
“For the avoidance of doubt, the Electoral Act 2022 requires at the closed of poll, (i) Count votes at the polling unit (ii) enter the scores of each candidate in the prescribed form (iii) ensure that the form is signed and stamped by him, counter signed by the Candidate agent (iv) give a copy of the signed result to the polling agent and police officer (v) announce the result at the polling units (vi) transfer the result as proscribed by the commission.”
Abayomi further stressed “now we should not be confused, using Bimodal Voter Accreditation System (BVAS) is for the purpose of authentication and votes cast at Polling units. Uploading at result view portal is meant for quick release of results not for authentication or validation of votes.
“No complaint has claimed that voting took place at polling units without BVAS. Opposition should not embarrass us because they lost election”, the Constitutional lawyer maintained.