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Breach of state electoral law: Delta APC gives DSIEC a 7-day ultimatum

advocate.ng 2024/5/20

The Delta State chapter of the All Progressives Congress, APC has issued a  7-day ultimatum on the Delta State Independent Electoral Commission (DSIEC), to urgently correct the anomaly in the notification for the conduct of local government council elections scheduled for 13th July 2024 or face legal action.
The State APC accused the DSIEC of deliberately and brazenly violating several provisions of the State Electoral Law 2017, for the conduct of local government council elections in the state.

The Delta state APC also took a swipe at DSIEC over several issues it considered as aberrations in said, “The Pointer publication of 3rd May 2024.” The newspaper is owned by the Delta State Government.

As the leading opposition party in the state, the APC accused the state electoral umpire of a deliberate breach of the state electoral law 2017, to tilt the odds in the forthcoming local government elections in favour of the governing PDP in the state.

The party alleged that going by the skewed and biased notification of DSIEC, the electoral referee has no intention of conducting a free and fair election in the local government councils of the state.
It added that the electoral umpire is already biased going by the path it now tows. And that whatever semblance of an election DSIEC would organize shall be a complete sham, fraud and a charade in favour of the PDP.

The APC in a strongly worded petition to the DSIEC, alleged that the electoral umpire, in The Pointer publication of notice of guidelines to political parties, violated section 32 (1)-(3) of the State Electoral law 2017, which states that the commission shall issue such notice not earlier than 150 days and not later than 30 days to the tenure expiration of the last office holders at the Local Government Councils. That the tenure of the last council elected officials lapsed in March 2024, while DSIEC notification came on 3rd May 2024. Almost 2 (two) months after the council officials had left office.

The APC also accused DSIEC of violating section 97 of the state electoral law 2017, with its directive for political parties to conduct primaries between 6th – and 26th May 2024. That it also violated protocols for the conduct of primaries precursor to the LGA elections.

That the infraction eroded the mandatory 21 days given to parties to file their reports to the august body for the conduct of the forthcoming elections. That all primaries conducted by political parties shall be deemed out of synchrony with the prescribed requirements in the Delta State Electoral Law 2017.

Excerpts of the APC petition to DSIEC signed by the State Acting Secretary, Ogbueshi Anselm Onianwa, reads in part:

“regrettably and shockingly, a cursory reading of the Delta State Independent Electoral Commission (DSIEC) Law 2017, reveals that the notice is in gross violation of Section 32(1)-(3) of the DSIEC law 2017 which provides inter alia that your Commission shall issue the said notice not earlier than 150 days before and not later than 30 days before the expiration of the term of the last holder of that office.
“A simple arithmetic calculation shows that the term of the last holders of these offices ended in March 2024. The failure of your Commission to take cognizance of these mandatory provisions that demand strict compliance that cannot be trifled with is a serious case of dereliction of duty.

“The dates 6th to 26th May 2024, fixed for political parties to conduct their primaries to nominate candidates clearly contravene the provisions of Section 97 which also mandatorily requires political parties to give your Commission a 21-day notice of the conduct of such primaries. As of today, political parties are already out of time to issue your Commission with the requisite notice and consequently, any primary conducted in such a situation is a nullity.

“Continuing in this brazen manner, your Commission has arbitrarily and flagrantly fixed the 27th May to July 11th (46 days) for campaigns by political parties, without recourse to the provisions of Section 103 which provides 90 days for political parties to solicit for votes from voters across the State. This action is an affront against the constitutional rights of our Party that is determined to canvass for votes.

“It is reprehensible to observe that your Commission is already in gross violation of the very enabling law that would be used in conducting the local government elections. These breaches are inimical to the very core of your Commission as an independent body saddled with such enormous responsibility as it leaves little room to doubt that the whole exercise is a charade designed and skewed in favour of a certain political party.

“Your Commission has woefully failed to inspire confidence as an unbiased umpire capable of conducting free and fair elections that meet the barest minimum standards.

“It is therefore incumbent on your Commission to take urgent and necessary steps to address these constitutional and fundamental breaches that have robbed the process of any form of validity, sanctity and integrity to dissuade the feeling that he who pays the piper dictates the tune.

Consequently, we are by this vehement protest giving your Commission 7 days’ notice within which to correct these legal aberrations failure to do so shall result in an action in a court of law for redress.”

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