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EXPLAINER: How INEC Breached Its Own Law By Declaring Dapo Abiodun As Ogun Governorship Election Winner

On March 18, the Independent National Electoral Commission (INEC) held the governorship elections in 28 states of Nigeria to elect state governors and members of houses of assembly across the country. 

Elections were also held to all other state houses of assembly in the states that are off the governorship elections cycle. 

During the elections, there were reports of thugs carrying out attacks to intimidate voters and suppress the voting process in some locations, particularly in the southwestern states of Lagos and Ogun.

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Though security forces deployed personnel across flashpoints, it was insufficient to halt the violence on battlegrounds. In fact the Ogun State Commissioner of Police, Frank Mba, confirmed the arrest of some persons who tried to manipulate the electoral processes in some locations around the state.

On Sunday, March 19, INEC formally declared Governor Dapo Abiodun of the All Progressives Congress (APC) as the winner of the governorship election in the state. According to the returning officer in the state, Kayode Adebowale, Abiodun scored 276,298 votes to emerge the winner of the keenly contested election.

The candidate of the Peoples Democratic Party (PDP) Ladi Adebutu, polled 262,383 votes to come second. 

“I hereby declare that Dapo Abiodun having satisfied the requirement of the law is hereby declared the winner and he is returned elected,” the returning officer declared. 

While the margin between Abiodun and Adebutu is 13,915 votes, the total number of registered voters in the cancelled polling unit stands at 33,750. Following this, INEC cannot in non-compliance with 24(2),(3),(4) and (5) of the Electoral Act, 2022 declare or return a winner in the Ogun Gubernatorial Election. 

Section 24(3) simply explained that if the number of registered voters in the cancelled areas are so substantial that they outweigh the slim margin between the “winner” and “runner up”, a winner cannot be announced but a rerun. By declaring Abiodun, INEC breached its own law.

For instance, INEC declared as inconclusive the election in Kebbi and Adamawa for the same reason. 

In Kebbi, the margin between the winner and runner-up stands at 45,278 while the total number of registered voters in the cancelled polling units stands at 91,829. 

In Adamawa, the margin between the winner and runner-up stands at 31,249 and the total number of registered voters in the cancelled polling units stands at 41,796. 

Following the provision of the law, the returning officers in Kebbi and Adamawa declared the elections inconclusive because the cancelled votes were more than the margin of victory.

Battabox reached out to INEC spokesperson, Festus Okoye, for clarification but he is yet to respond to our enquiries even as the opposition party cries foul.