ADELEKE: What New Electoral Act Says About Certificate Of Return Issuance

– As INEC Responds To Davido

On Tuesday, Nigerian superstar and nephew to the Governor-elect of Osun State, Davido, called out the Independent National Electoral Commission (INEC) for delaying the issuance of a certificate of return to his uncle, Senator Ademola Adeleke, who emerged as the winner of Saturday’s governorship election in Osun.

Davido, real name David Adeleke, took to his Twitter account with about 12 million followers on Tuesday to query why INEC has yet to issue his uncle with a certificate of return 48 hours after the Peoples Democratic Party (PDP) candidate defeated the incumbent Governor Gboyega Oyetola who had sought re-election on the All Progressives Congress (APC) platform.

The singer tweeted: “48hrs after our @AAdeleke_01 victory at the Osun Gubernatorial elections, we are yet to receive our certificate. @inecnigeria should we send you fuel money? LOL. Please no one should tamper with the will of the Osun People! Issue the certificate as required by Law!”

However, per provision in Section 71 (1) of the Electoral Act, 2022, the electoral umpire is at liberty to wait up to 14 days after an election before issuing the winner with a return certificate.

The section reads, “A sealed certificate of return at an election in a prescribed form shall be issued within 14 days to every candidate who has been returned by the returning officer in an election under this Act”

At the election, Adeleke won 17 of the 30 Local Government Areas (LGAs), securing 403,371 votes while Governor Oyetola polled a total of 375,027 votes.

Oyetola has refused to congratulate Adeleke for his victory, saying he would respond to the result of the governorship poll after studying it.

On his part, the national chairman of the APC, Senator Abdullahi Adamu, on Sunday claimed ignorance of the victory of the governor-elect, thereby fueling speculations that the ruling party may not accept the outcome of the poll.

Meanwhile, reacting to Davido’s remark in a statement on Tuesday, INEC’s National Commissioner and Chairman of Information and Voter Education Committee, Festus Okoye, advised the singer to “try to have basic knowledge of the constitutive legal instruments that guide and regulate the conduct of elections.”

He said, “The Commission is a public trust and a creation of the Constitution and the law and must be seen to respond to public demands for transparency and openness.

“The Commission will continue to uphold the basic tenets of transparency, openness and inclusivity in the conduct of elections and the delivery of electoral services.

“The Commission is not a political party and will not be swayed by partisan political interests. Section 72 of the Electoral Act 2022 provides that a sealed certificate of return at an election in the prescribed form shall be issued within 14 days to every candidate who has been returned by the Returning Officer in an election under the Act.

“The Commission conducted the Osun Governorship Election on the 18th day of July 2022 and the Returning Officer made a declaration and a return on Sunday the 19th day of July 2022. Majority of the staff of the Commission that superintended the election are just returning to Abuja.

“The Supervising National Commissioner whose responsibility it is to present the certificate of Return is still in Osun waiting for the arrival of the certificate.

“The Commission made the Declaration and the Return and it is uncharitable to insinuate that the Commission does not want to issue the winner of the election with a Certificate of Return.

“There is no law in place that mandates the Commission to issue a certificate to any candidate within 48 hours. Those that influence public opinion, especially in the electoral process should try to arm themselves with basic knowledge of the law and the processes and procedures of the Commission.”