As controversy continues to trail the declaration of last Saturday’s Osun guber election inconclusive by Prof. Joseph Afuwape, the Independent National Electoral Commission INEC’s chief returning officer, Prof. Maurice Iwu, a former chairman of the apex electorial body has come out to fault the decision.
Prof Iwu, who served during the administrations of President Olusegun Obasanjo and Late Yaradua, spoke to IGBERE TV correspondent on Sunday.
“Actually, in 2010 during the review of INEC’s Elections’ Manual, my committee and I as the chair, invented the inconclusive elections outcomes, particularly where elections did not hold for one reason or the other.
“However, we the initiators of the inconclusive elections realised that our proposal was against the provisions of the 1999 Constitution (as amended), particularly the presidential and the governorship elections and returns.
“Our proposals could be applied only in senatorial, House of Representatives, and state assembly elections and returns, for which the Constitution did not specify how these returns should be made.
“In this, what is required by the Constitution is that the ‘first past the post’ and/or that the candidate must have the polled majority of the votes cast.
“Secondly, that the candidate in addition to it, must obtain 25 per cent of the total votes cast in two-third of the LGAs of the state in question or of the states in case of presidential election. The electoral act or INEC guidelines cannot supersede the constitutional provisions for that purpose.
“As the constitution has clearly spelt out the manner and how a return should be made in the cases of governorship or presidential election returns.
“Now that the abuse of this tool is becoming obvious, the beneficiaries of this anomaly have refused to listen or adjust accordingly.
“God will surely help us.”