The Court of Appeal, sitting in Abuja, on Friday, delivered scathing remarks against the Independent National Electoral Commission (INEC), accusing it of displaying partisanship in an election case.
In a stern rebuke, the appellate court expressed dismay over INEC’s conduct, stating that it was disgraceful for the Commission to favor one party by disowning documents it had issued and certified in an election dispute.
The court lamented that INEC, meant to maintain a neutral stance in election litigations, had shamelessly engaged in biased actions, metaphorically stating that it was “dancing naked in the market.”
Expressing disappointment in INEC’s conduct, the court emphasized the pivotal role of the electoral body in ensuring fair and peaceful elections, urging it to desist from irresponsible behavior.
The lead judgment, delivered by Justice K. I. Amadi, declared the election of Bauchi State House of Assembly Speaker, Abubakar Suleiman, void due to evidence indicating inconclusiveness.
The court further directed INEC to conduct a supplementary poll in 10 polling units within 90 days and nullified Suleiman’s Certificate of Return issued by the Commission, while also slamming the electoral body with N500,000 find.
The ruling stemmed from an appeal by Khalid Abdulmalik-Ningi of the All Progressives Congress (APC), challenging Suleiman’s victory announced by INEC.
INEC had declared Suleiman of the Peoples Democratic Party (PDP) the winner, but the appellate court sided with the APC candidate, emphasizing the weight of evidence presented by the Appellant and the Certified INEC documents, which indicated electoral non-compliance as per Section 137 of the Electoral Act 2022.
The court questioned INEC’s denial of canceled election results in specific polling units, despite its officials acknowledging the cancellations in Forms EC 40G submitted to the Commission.
Highlighting the tribunal’s oversight according to the probative value of the substantial INEC documents and witness testimony, the court underscored the responsibility of INEC to adhere to electoral laws and ensure transparency in election processes.
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