Electoral Act: Review Ogun Guber Result – PDP Candidate Tells INEC

The People’s Democratic Party (PDP) candidate in last Saturday’s governorship election in Ogun State, Ladi Adebutu, has asked the Independent National Electoral Commission (INEC) to review the election results.

Incumbent Governor Dapo Abiodun was declared the winner having polled 276,298 while Adebutu and Biyi Otegbeye of ADC got 262,383 and 94,753 respectively.

But Adebutu argued that the number of votes cancelled by INEC was more than the margin between the APC and the PDP. He said this contravened the margin of lead principle as entrenched in the Electoral Act, adding that the electoral umpire ought to have declared the contest inconclusive.

Adebutu made the claim in a letter to INEC signed by his lead counsel, Chris Uche, SAN.

The letter reads: “We act as Counsel to Hon. Oladipupo Adebutu, the gubernatorial candidate of the PDP in the governorship election conducted by your Commission in Ogun State on Saturday, 18th March 2023. We also represent the PDP, both hereinafter called our clients, and we write on their instructions.

“At the collation of results at the above-said election, it became clear that the margin of lead between Mr. Adedapo Abiodun, the candidate of the APC and our client was not in excess of the total number of voters who collected their Permanent Voters Cards (PVCs) in polling units where elections did not hold or were voided.

“We enclose the extract of the votes showing that whereas the total number of PVCs in places elections were not held was 33,750, the lead as announced by the Returning Officer between the two candidates was only 13,915.

“In accordance with the Electoral Act 2022 and the INEC Regulations and Guidelines for the Conduct of Elections, 2022, the Returning Officer shall and must decline to make a return in the circumstances”.

Uche urged the electoral umpire to review the result rather than wait for an electoral petition.

He said: “We, therefore, apply that your Commission exercises its powers under Section 65(1) of the Electoral Act 2022 to review this wrongful declaration and return within seven days.

“We state that this is a clear case of a declaration made contrary to the provisions of the law, the regulations and the guidelines, and need not wait for an election petition before review.”