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DESPITE TRUSTING THE JUSTICE SYSTEM, OVIE OMO-AGEGE AND THE APC WILL RESIST RE-RUN

 

Obarisi Ovie Omo-Agege, CFR, and the APC believe in the justice system's ability to uphold fairness and justice. We await the tribunal's verdict on the 2023 Delta State governorship election. Omo-Agege, CFR, as a responsible citizen, respects the pivotal role played by the courts in ensuring justice and that is why they filed their petition at the Governorship Election Petition Tribunal to challenge the governorship election results.

His faith in the judiciary's impartiality and courage is bolstered by his familiarity with legal proceedings. This emphasizes the judiciary's crucial role in maintaining electoral integrity. Omo-Agege's concerns centre on the 2023 Delta State election and how it was conducted by INEC. He believes it is the duty of the judiciary to rectify any flaws and uphold the transparency promised by the 2022 electoral law.

His ultimate goal in pursuing this legal course is to enhance democracy by ensuring that electoral processes are fair and unbiased, accurately reflecting the will of voters. As political scientist Adam Przeworski noted, democracy thrives when parties respect electoral laws. Ending single-party dominance is essential for a thriving democracy, and a viable opposition is integral to societal growth and development.

The events in Delta State on March 18th raise a fundamental question: Can a political party truly claim victory when it avoids defeat by resorting to undemocratic means to manipulate, diminish, or overturn its loss? Delta State serves as a stark reminder of the undemocratic depths to which a party may sink to retain power when its hold on power is threatened.

They manipulated the election through figure manipulation, making judicial avenues the most realistic recourse for contestants seeking electoral accountability. In such circumstances, the judiciary becomes the last bastion of hope. It is the judiciary that can address the root cause of democratic unresponsiveness: electoral fraud.

Ovie Omo-Agege and the APC are primarily concerned with the violation of crucial provisions of the 2022 Electoral Act, specifically the use of BVAS for accreditation. They contend that the bypassing and non-use of BVAS machines in accrediting voters in the polling units won by Sheriff Oborevwori and the PDP substantially undermined the integrity of the results announced by INEC. This, they argue, severely discredits the governorship election results.

While Sheriff Oborevwori and the PDP are reportedly preparing for a possible rerun election due to unfavourable circumstances, Ovie Omo-Agege and the APC do not seek election nullification. They firmly believe that the All Progressives Congress deservedly won the election, based on available statistics. As such, they are demanding the outright declaration of Obarisi Ovie Omo-Agege, CFR, as Governor-elect of Delta State.

According to the 2022 Electoral Act, a rerun is typically ordered in cases where election materials did not reach polling units. In addition, voting did not occur due to uncontrollable circumstances. However, a rerun should not be considered in cases where the electoral process was deliberately abused by electoral officers and party agents who bypassed the BVAS machines meant for voter accreditation.

On the authority of the 2022 Electoral Act used by INEC for the 2023 general election, any polling unit with over-voting due to non-usage of BVAS accreditation machines should have its results cancelled. Ordering a rerun election under such circumstances would be against the spirit of the law and tantamount to rewarding criminality.

In alignment with the Rational Choice Theory (RCT) of crime, individuals intentionally commit crimes when they perceive it to be more rewarding and less costly than adhering to noncriminal behaviour. Deliberately refusing to use BVAS accreditation machines constitutes a crime that should not go unpunished.

The demand placed before the Delta State Governorship Election Petition Tribunal is unequivocal: for the sake of preserving the sanctity of future elections, the judiciary must refrain from rewarding electoral crimes. Consequently, the tribunal should outrightly declare Obarisi Ovie Omo-Agege, CFR, as Governor-elect of Delta State. 


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