A legal opinion on the Osun re-run

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INEC says the Osun Governorship election is inconclusive because the difference in votes is less than the number of cancelled votes.

They are probably relying on their 2015 guidelines which appears contrary to Constitutional provisions on this matter. It may make sense if the votes involved are in relation to centres were elections were not held due to no fault of the voters.

However, were elections were held and votes are cancelled, they remain cancelled.

They ought not to form part of the counting process and should not influence the outcome of the elections for any reason whatsoever. In Oshiomhole vs Osunbor & ors, cancelled votes were added to PDP’s scores. All the courts held that cancelled votes had no role to play in an election. The votes were deducted and Oshomhole was declared winner of the election. Why is INEC giving so much priority to cancelled votes on this occasion. I can’t fathom it. This may be more political than legal. My view.

By Hon West Idahosa

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