We can't withdraw Benue Speaker's Certificate of Return - INEC

The Independent Nation­al Electoral Commission ( INEC ) says it has no locus standi to withdraw the Certificate of Return of a val­idly-elected candidate like the Speaker of Benue State House of Assembly, Mr Terkimbi Iky­ange.

The Commission stated this in a position paper it presented to the House of Representa­tives Standing Committee on Public Petitions following a pe­tition from a Law firm on be­half of the people of Ushongo Local Government Area.

In the petition, the law firm alleged that the Independent National Electoral Commis­sion has refused to obey the or­der of the Federal High Court compelling the Commission to restore an additional constitu­ency in Ushongo and conduct elections in the two constituen­cies.

While agreeing that by the court order, it is to create two constituencies in the local gov­ernment by whatever name called and conduct election in each of them. It, however, noted that both processes will entail creation of legal entities regarding the two constituen­cies as well as the election of lawmakers.

INEC insisted that doing so requires compliance with the procedures for delimiting con­stituencies as contained in Sec­tions 112, 113 and 114 (1) and (2) which clearly outlined four conditions for such an exercise, pointing out that the Court did not order the Commission to act arbitrarily.

The umpire body stated that it has no power to nullify the election of the Speaker of the Benue State House of Assem­bly, Mr Terkimbi Ikyange, on the basis of last November rul­ing of the Federal High Court which ordered it to restore the suppressed Mbagwa constitu­ency.

While emphasising that there is an elected member representing the constituency to be split into two, the Com­mission opined that the case determined by the court was neither a pre-election matter involving candidate nor one of election petition tribunal or appeal.