BY IBRAHIM MOHAMMED, Abuja
Fresh facts have emerged on how the former governor of Abia State and the incumbent senator representing Abia North senatorial district Orji Uzor Kalu was allegedly wrongfully declared the winner of the senatorial election held on February 25, 2023.
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This revelation was made by the former senator representing the district and the Peoples Democratic Party (PDP) senatorial candidate in the election, Senator Mao Ohuabunwa.
Already, Ohuabunwa through his lawyers has written to the chairman of the Independent National Electoral Commission (INEC) Prof Mahmood Yakubu to withraw the declaration.
In the letter titled, “IN RE: Section 65 Of The Electoral Act 2022” by Ukpai O. Ukairo Esq of Ukpai Ukairo & Associates, Aba stated that they were writing on behalf of Ohuabunwa. The letter reads:
“We act as solicitors to Peoples Democratic Party (PDP) and Senator Mao Ohuabunwa. (“Our Clients”), the Peoples Democratic Party candidate in the Abia North Senatorial Election which the commission fixed for the 25th day of February 2023 being the day the voting commenced.
“We hereby in accordance with our instruction and on the footing of SECTION 65 OF ELECTORAL ACT, 2022 demand a review of the declaration and return made in the election in the Abia North Senatorial District by the Returning Officer for the election in which Senator Orji Uzor Kalu of the All Progressives Congress was returned as elected.
GROUND
The ground for this demand is;
“The declaration and return were made contrary to the provisions of the Electoral Act, regulations, and guidelines particularly section 24 (1) (2) (3) (4) of the Electoral Act 2022 and regulations made there under.
FACTS:
“The number of registered voters in over 100 polling units where elections were suspended and another date appointed but was yet to be conducted at the time of the declaration and return was made at a time the margin of victory was such that the outcome of the suspended election would substantially affect the outcome.
“The said units where elections were not conducted are: Ohafia LGA: Isiama 47 units, Agboji, 10units, Okamu, 27units, Ndielu, 4 units; Arochukwu LGA: Amuvi, 4 units, Eleoha 1 unit, Amangwu 3 units, Ohaeke 3 units; Isuikwuato LGA, ABSU/Umuanyi, 2 units.
“On 26th day of February 2023 INEC issued a statement appointing the 27th day of February as a date for the conduct of the election in the above units with more than 80,000 registered voters. On the 27th day of February the election was further shifted to the 28th day of February.
“However, while voters were waiting for the INEC officials to come and conduct the election the declaration and returns were made.
“The officials of the commission that conducted the election completely abandoned the use of BVAS in the ascertainment of total number of accredited voters and return the results in a manner not prescribed by the commission under section 65 of the Electoral Act and the regulation founded thereon.
“Arising from the foregoing we have the instruction of our clients to demand as follows:
“That the commission quickly reviews the declaration and return made by the Returning Officer for the Abia North Senatorial District; That elections be conducted in the said 100 polling units and the total results collated to determine the actual winner of the election in the senatorial district and the proper declaration and return made; That the commission initiates the criminal prosecution of the Returning Officer under section 64 (1) of the Electoral Act, 2022.”
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