Femi Falana, popular human rights lawyer, has explained why there must be severe punishments for the suspended Resident Electoral Commissioner (REC) in Adamawa State, Hudu Yunusa Ari, along side others found complicit in the State supplementary governorship election.
Recall that Ari had come under fire for unilaterally announcing the All Progressives Congress (APC) governorship candidate, Aishatu Dahiru (Binani), as the winner, when collation had not been concluded.
However, the headquarters of the Independent National Electoral Commission (INEC), acted swiftly by annulling Ari’s action, suspending him, writing the Presidency to get him sacked.
To its end, the Commission appointed Mele Lamido to conclude the collation.
Lamido consequently announced Governor Ahmadu Fintiri, the Peoples Democratic Party, PDP, candidate as winner, the matter has raised debates on how to safe Nigeria’s democratic process.
Falana speaking about the issues in an interview on Channels Television nonetheless, said the Adamawa REC, APC candidate and security personnel involved in the saga must be prosecuted and punished.
Speaking on calls for probe of Adamawa governorship and supplementary elections he said, “It is not a matter of probe; the law is very clear on these matters. One, under Section 120 sub-section 4 of the Electoral Act 2022, anybody involved in any false declaration of elections is liable to be prosecuted and the penalty is three years imprisonment which, for me, isn’t stringent enough.
“Two, there is also Section 121 of the Electoral Act which prescribes 12 months imprisonment for financial inducement with regard to the election. There are allegations that a sum of N2 billion must have changed hands. So, it is not enough for the candidate of the APC, Aishatu Ahmed Dahiru (Binani) to deny. There must be an investigation.
“Would these things have happened in the normal cause of events? Was there inducement? That has to be investigated. The officers, who were at the high table with Mr Hudu Yunusa Ari such as the Commissioner of Police, the Director of State Service and the Commander of the Nigeria Defence and Security Corps, are involved in the criminality that occurred.
“So, they all have to be tried under the law. It is not enough for the Inspector General of Police, IGP, to simply deploy the Commissioner of Police involved or for the Director of the DSS to be withdrawn from that state. We must make an example this time because this is not the first time that it has happened.
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“There had been false declarations of results before now in 1983 that plunged the old Ondo State into a major violence eruption. In 2003, many false results were declared. So, we must find out what happened this time so that this terrible experience will not be repeated in the history of our country.
“If the REC can be punished in line with the electoral law, what laws would be meted out to the accomplices?
“There is a provision for conspiracy. If you conspire with anybody to make a false declaration of results, you are liable to be prosecuted. The NTA must be brought in. The NTA televised the acceptance speech of the candidate of the APC. The candidate of the APC has to be brought in because she was party to the whole false declaration otherwise her acceptance speech would not have been ready and delivered.
“She has denied allegations levelled against her, particularly that from the DSS official captured in a video. The EFCC and the ICPC would have to be brought in to investigate. And I am not accepting the allegations for now. More so, they may be statements he made while being tortured by the crowd. So, we need to investigate and get to the root of the matter.
“However, with regard to the acceptance speech delivered by Madam Binani, she is liable to be prosecuted under Section 120 of the Electoral Act.
“On claims by Alhaji Lai Mohammed that President Buhari did not intervene in the Adamawa saga because it was the job of the INEC chairman
“I don’t want to believe that the president has not taken action because he is currently (while the interview was going on) out of the country on a tour of Saudi Arabia but the statement is not correct.
“Under the constitution and the Electoral Act, the appointment of a Resident Electoral Commission, REC, is made by the president and the nomination will have to go to the Senate for approval. That was what happened in November, last year with respect to the 19 electoral commissioners appointed last year. Unfortunately, some of us cried out with respect to all those who were appointed at that time.”
