A Senior Advocate of Nigeria, Yusuf Ali and a former National Legal Adviser of the Nigerian Bar Association, Rafiu Balogun, on Thursday said that there is no legal burden or limitation against the Edo State governorship candidate of the All Progressives Congress, Osagie Ize-Iyamu from contesting the outcome of the September 19 governorship election in the state.
APC Caretaker Committee Chairman, Mai Bunu, had congratulated the Edo State governorship candidate of the Peoples Democratic Party, Godwin Obaseki.
The Independent National Electoral Commission had announced Obaseki as the winner of the election. The Returning Officer, Prof. Akpofure Rim-Rukeh who announced the total result of the 18 local government area of Edo State, said the All Progressives Congress, got 223,619 votes while the PDP polled 307,955 votes.
Buni had in a statement issued in Damaturu, Yobe State, on Monday congratulated Oû said the election was peaceful, adding that its outcome represents a victory for Nigeria’s democracy.
He had stated that the APC and President Muhammadu Buhari remained committed to free and fair elections and that it was critical to strengthening the foundation of the country’s political and moral authority.
He also commended the Independent National Electoral Commission (INEC), security agencies, and all political parties that contested the election for the successful conduct of the exercise.
But Ali, in an interview with Insidebusiness.ng, said even though Bala congratulated Obaseki, it did not stop Ize-Iyanmu, if he so wishes, from contesting the result of the election.
He stated that the Electoral Act recognised both the party and the candidate as having right to contest the result of an election.
He said he was a member of the legal team of former President, late Umaru Yar’Adua, who was the PDP Presidential candidate in the April 21, 2007, election and contested against and won General Muhammadu Buhari’s, the then-presidential candidate of the All Nigeria Peoples Party.
He stated that though ANPP later withdrew from the litigation, Buhari continued to contest the outcome of the election. He noted that there were other precedents.
Ali said, “The Electoral Act recognised both the party and the candidate in an election. Even though APC Chairman has congratulated Obaseki, the APC candidate in the election, Ize-Iyamu can still go on and contest the outcome of the election. There is no legal impediment against him.”
Balogun, also in an interview with Insidebusiness.ng concurred with Ali.
He stated that Ize-Iyanmu has no legal burden from contesting the result of the election even when the APC chairman had congratulated Obaseki.
He said, “The congratulation by the APC Chairman has not legal limitation to Ize-Iyamu contesting the outcome of September 19, 2020 Edo governorship election. The law allowed both the party and the candidate to contest the outcome of any election if they so desire. Though the Chairman congratulation Obaseki, the candidate in the election, Ize-Iyanmu may be aggrieved.
“He has the right to seek redress. He may feel that there were certain processes of the election which he is not comfortable with, which he may feel robbed him of victory, or he may believe that Obaseki did not qualify in the first place to contest the election, so he can decide to challenge the declaration of Obaseki as the winner of that election. Nothing has stopped him from pursuing his right to seek redress if he feels aggrieved.”
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