This thread was done by a core PDP man in person of Dr. Chima Mathew Amadi (twitter handle @Amadichima). It is refreshing and educating for those who are willing to be educated. Enjoy!

A few hours ago, the Independent National Electoral Commission declared the Osun State Governorship elections inconclusive. This bold action has triggered all manners of verbal umbrage against the elections Umpire but particularly,the Head of INEC, Professor Mahmood Yakubu.Conspiracy theorists have latched upon this action to vent their anger on a man whose only “sin” was that he was appointed by the current president.But before delving into the Incredulity of judging a man’s character and competence for job through the lenses of his appointing authority,let us dispassionately examine today’s action by the EMB and try to anchor its legality or otherwise against the provisions of the statutes that undergird elections in our land.

First, the Constitution and the Electoral Act made it mandatory on INEC to conduct free, fair and credible elections. To achieve this, the voter is key. His/her vote must count. Protecting the sanctity of the vote is crucial. The entire electoral legal framework is intended to achieve this objective. Responsibilities are assigned, processes and procedures defined and sanctions prescribed all with the intention of achieving that objective.

Specifically Section 153 of the Electoral Act 2010 (as amended) empowers the Commission, in pursuit of the provisions of the Act, to “issue regulations, guidelines, or manuals for the purpose of giving affect to the provisions of this Act and for its administration thereof”. Accordingly, INEC has made guidelines and regulations to protect the sanctity of the vote in instances where the processes are disrupted to disenfranchise voters. It is common knowledge that politicians have hijacked ballot papers, chased away voters and disrupted processes and procedures in order to gain unfair advantage.

That is why INEC formulated guidelines and regulations to the effect that where voters are disenfranchised on account of someone’s disruptive action, INEC gives such voters another opportunity to vote where their number will make a difference to the outcome of the election. The Commission has been applying this regulation in several elections. So there is nothing new here. This was applied in Governorship elections in Imo (2011 and 2015), Anambra (2013), Taraba (2015), Kogi ,Bayelsa (2015) etc.