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Wednesday, 21 October 2015

Akwa Ibom States Election Tribunal Verdict; The implications

The Akwa Ibom State Election Petition
Tribunal ruling has come and gone but its
verdict calls for re-think especially on the
part of the opposition.



In summary the tribunal ruled as follow:
1. Petitioners unable to prove that card
reader alone can be relied upon for
accreditation throughout the state
2. INEC press release cannot override section
41 of electoral act
3. Card reader was not contemplated by
section 49 of electoral Act on accreditation
4. Tribunal was satisfied that election held in
all units of the state
5. That the election complied substantially
with the law
6. Presumption of regularity in favor of INEC
7. That 1st petitioner should have tendered
ballot papers scanned even though this
would not have stopped 1st respondent
from winning with a wide margin.
8. It held that 566,436 voters were
disenfranchised as against the 890,000
voters in favour of Udom in 18 LGAs.
9. That Gov Udom Emmanuel remained the
governor
10. The tribunal ordered a re-run election in
18 out of 31 LGAs of Akwa Ibom, while
upholding election held in 13 LGAs.
11. Re-run to take place in Etinan, Nsit
Ubium, Ibiono, Uyo, Uruan, Ibesikpo, Nsit
Atai, Eket, Onna, Ibeno, Oron, Udung Uko,
Oruk Anam, EtimEkpo, Ikono, Ini, Nsit Ibom
and Ikot Abasi
Issues for Consideration:
1. To be declared winner a candidate must
win majority of votes cast and also at least
25% in 2/3 of local governments in the
state.
2. Akwa Ibom has 31 LGAs
3. 2/3 of 31 is 24
4. Only 18 LGAs are on offer - Udom already
has more than 1/3 and needs only 25%
from 11 LGAs to consolidate his position.
Obong Umana O. Umana needs to win
comfortably in 24 LGAs to make any
meaning but only 18 are on offer; i.e. 6
short of what is required by law. This
presupposes that even if he wins all the 18
LGAs he would still not meet the
requirement as he still needs 6 more (which
is not available).
5. Gov Udom controls 91% of voters upheld
in the 13 LGAs being 540,000 votes while
Obong Umana O. Umana has 9%.
Verdict:
1. The electoral matrix handed down by the
tribunal has no feature that can allow
Obong Umana Okon Umana to be governor
between 2015 and 2019. That is the sad
truth. Therefore our respected brother UOU
should congratulate his younger brother
Gov Udom Emmanuel (whom it has pleased
God to use at this time) and join hands with
him to move the state forward. I have
already conceded in my earlier writing that
the ruling produced neither a victor nor a
vanquish. No one should feel defeated
rather they should see it as the will of God.

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