Amend Section empowering Court to declare winner in election petitions – Prof Ali tells NASS

By Demola Akinyemi, Ilorin

An Ilorin based Constitutional lawyer, Professor Yusuf Olaolu Ali(SAN) yesterday tasked the National Assembly arsenic a substance of urgency to amend conception 136 of Electoral Act that empowers the courts oregon tribunals to state anybody arsenic victor of immoderate predetermination petitions successful the country.

The renowned elder lawyer and Kuliya Ngeri of Ilorin noted that it’s an aberration that 5 oregon 10 millions votes of the electorates should beryllium surrendered astatine the mercy of 3 radical to upturn, saying that it is undemocratic.

He posited that specified amendments would besides drastically trim the rates astatine which politicians situation predetermination results aft elections.

Ali spoke with journalists successful Ilorin connected Tuesday connected the sideline of the National Assembly telephone for nationalist proceeding connected the Amendment of Electoral Act.

According to him:, “We should not springiness the franchise of 5 millions oregon 10 millions votes to conscionable 3 radical to conscionable upturn and marque the declaration, and I deliberation this is the archetypal happening the National assembly indispensable bash successful bid to support the antiauthoritarian governance and sanctity of the nation’s electoral act”.

The ineligible luminary explained that, “In the facet of elections debacle, radical should spell backmost to the electorate alternatively of the tribunal oregon tribunal to state specified campaigner arsenic the victor of that poll”.

According to him, “Most radical person antagonistic perceptions astir our courts and these perceptions successful Nigeria contiguous arose arsenic a effect of the courts decisions connected electoral matters successful the country”.

He said, “Most of the adverse comments was besides the engagement of the tribunal successful the electoral disputes successful Nigeria . So it is rather indispensable not to lone dainty the symptoms but besides we indispensable dainty the disease.

“The astir problematic to my caput is astir the engagement of the courts successful electoral disputes resolutions that gives the powerfulness to the courts, tribunals and the courts generally.

“If anyone challenges elections nether Section 136 of Electoral Act and finds not to beryllium qualified oregon didn’t people the required fig of votes oregon didn’t people the required lawful votes astatine the elections past you declared the idiosyncratic that came 2nd successful the elections arsenic duly elected, I deliberation that is problematic.

“That is the crushed that immoderate radical judge that determination is simply a batch of arithmetic astatine enactment earlier the tribunal truthful that the politicians tin execute their main intent particularly for those politicians that came 2nd successful that poll.

“And fto maine accidental that we person a batch of instances of those that came 2nd oregon 3rd that person been declared arsenic politician of a authorities successful Nigeria”.

Ali added, “To maine the solution to that present is that let’s region the powerfulness of the tribunal from declaring anybody arsenic winner. If you bring elections petition and you succeed, radical should spell backmost to the electorate.

“We should not springiness the franchise of 5 million, 10million votes to conscionable 3 radical to upturn and marque the declaration and I deliberation that is the archetypal happening we indispensable clasp connected to , truthful arsenic to support the antiauthoritarian governance and sanctity of the nation’s electoral act.

“Hence, determination should beryllium amendment connected conception 136 of electoral enactment to region the powerfulness of the tribunal oregon either the tribunals from declaring anybody arsenic the victor of the elections”.

The elder lawyer noted further that, “Once you win successful your predetermination petitions, you should spell backmost to the electorate due to the fact that you commencement to questions it really whether determination is really a ideology erstwhile 25m radical volition ballot and 3 persons would sit, not unsocial acceptable speech the votes and declared the idiosyncratic that person been rejected astatine the canvass arsenic the sole victor of that poll.

“And my ain consciousness of ideology and justness is simply a spot affected. I privation to entreaty to the NA to person courageousness to bash it. The powerfulness of the tribunal oregon tribunal to state anybody arsenic victor should beryllium removed. You volition beryllium amazed astatine the magical happening that would happen. The challenges of elections petitions would trim dramatically.”

Ali besides urged the nationalist assembly to amend the conception of the electoral enactment that let the tribunal to interfere connected the interior situation of the governmental parties successful the country, saying that, “If you articulation a governmental enactment and it starts to maltreat you, past you tin permission that ...