Sam Kargbo, a senior advocate in Nigeria, has claimed that the petitioners cannot challenge the election on the basis of the lines but only on the basis of non-compliance with the electoral act. His comments pertained to the PEPT justices’ ruling that INEC cannot be compelled to upload results. He firmly planted the idea that petitioners cannot use the lack of openness in the electoral process as a basis for legal action against INEC.
In an interview with AIT News, he said, “The issues of ethics and morals resonate very well with the public, but within the ambits of the law, they are no issues. It is very apparent from the Electoral Act that INEC’s instructions cannot be used as a basis for challenging an election. A claim that the election was tainted due to noncompliance with the Electoral Act or the INEC Regulations for Elections is not legitimate and will be struck out.
They say you just take what the law suggests without changing it or adding anything new. The ability to create regulations gives INEC the authority to increase the process’s legitimacy and openness. But if they don’t have enough of it, will you use that as a reason to contest the election? No.”
watch the video here:
