Esit Eket Ward 11 Rerun VS AKISIEC: The Law and the rest of us
Distinguished Statesmen and Stateswomen, I am aware that elections were conducted on Saturday 31st October 2020 across the 368 wards of the 31 LGAs in Akwa Ibom State and virtually all 368 councilors have been returned with 31 Local Government Chairmen all of Peoples Democratic Party (PDP) except for one suddenly very popular ward 11 of Esit Eket LGA.
I have heard that elections were conducted in all 8 units of ward 11 Esit Eket LGA, I have heard the election was peaceful, I have also heard thereafter that it was not so peaceful. I was not there. All of the rest of us were not there.
I have heard that one nondescript party known as NATIONAL RESCUE MOVEMENT (NRM) emerged winner. Again, I repeat, I was not there.
Obviously, the so called candidates of Peoples Democratic Party and National Rescue Movement party need to be rescued as the state electoral umpire has refused to recognize any winner.
To solve the problem, Akwa Ibom State Independent Electoral Commission (AKISIEC) is said to have declared a rerun at the said ward scheduled to hold on Saturday 7th November 2020. As a member of PDP I support every good thing that favours our party.
Albeit as a lawyer and minister in the temple of justice I seem to have problems with that decision according to law. I have the full volumes 1-7 of Laws of Akwa Ibom State in my Chambers and at my private office at home. The same is found at both the judiciary and ministry of justice library.
In volume 4 is Akwa Ibom State Independent Electoral Commission Law Cap 61 Laws of Akwa Ibom State. It compromises 81 sections divided into 5 parts, a sole schedule and unequivocally states that it has no subsidiary legislation.
I have read through all 81 sections of the law and unlike its mother legislation – the Electoral Act- it does not make provision for a rerun.
There is no provision for RERUN in the AKISIEC Law. Methinks the reason is quite commonsensical. Local Government elections are expected to be conducted with dispatch. And the law ostensibly makes provisions to ensure dispatch in the conduct of local government polls.
Section 45 is the closest to a rerun provision. It is termed “adjournment of polls in case of riot’ and it reads:
- WHERE THE PROCEEDINGS AT A POLLING STATION OR UNIT ARE INTERRUPTED OR OBSTRUCTED BY RIOT OR VIOLENCE, THE PRESIDING OFFICER MAY ADJOURN THE PROCEEDINGS TILL THE FOLLOWING DAY AND SHALL FORTHWITH GIVE NOTICE OF ADJOURNMENT TO THE ELECTORAL OFFICER.
- WHEN THE POLL IS ADJOURNED AT A POLLING STATION OR UNIT
(a). THE HOUR OF POLLING ON THE DAY TO WHICH IT IS ADJOURNED SHALL BE THE SAME AS FOR THE ORIGINAL DAY;
AND
(b). REFERENCE TO THIS SECTION TO THE CLOSE OF THE POLL SHALL BE CONSTRUED ACCORDINGLY.
From the foregoing LG polls cannot be reconducted except on the order of a court. It is a summary election where the results must be announced and winner declared with dispatch. Even when there is chaos, whether in form of manifest irregularities or violence, the chaos must be settled immediately for the election to continue and where it is not possible the election shall be adjourned to continue the same time on the next day and not a further or longer date.
Sections 46 & 47 provides for closing of votes and counting of votes respectively. Once votes have been closed the next thing is counting and there after announcement of results. Hence declaration of winner.
In fact, section 52 makes the finality, summary and dispatch nature of LG elections even crystal as it provides this:
WHEN THERE IS AN EQUALITY OF VOTES BETWEEN CANDIDATES SO THAT THE ADDITION OF A VOTE WOULD ENTITLE ANY ONE OF THE CANDIDATES TO BE DECLARED ELECTED, THE RETURNING OFFICER SHALL FORTHWITH DECIDE BETWEEN THOSE CANDIDATES BY LOT AND PROCEED AS IF THE CANDIDATE ON WHOM THE LOT FALLS HAS RECEIVED AN ADDITIONAL VOTE, AND SHALL DECLARE THAT CANDIDATE TO BE ELECTED.
What this means is that everything about the conduct of a local government election has to be concluded on the day of election or at most the next day in case of riot occasioning an adjournment. There is no room for a rerun.
Hence, except and unless this legislation has been amended and copy of the amended version made only available to AKISIEC it therefore means that any attempt to conduct a rerun will be exercise in futility because it is unknown to law.
I most sincerely pray this is not the true position of the law and will be most obliged to update my library and knowledge of the law with any superior position.
Thank you.
I write as Comrade Ewa Okpo Edmund
Street Lawyer, Arbitrator and Literati
08061579995
