Ahead of the continued election petition hearing at the tribunal court following the just concluded general elections in the country, a senior advocate of Nigeria, Robert Clarke has opined that it is likely not possible for anyone to win an election petition in Nigeria.
The senior advocate of Nigeria, SAN, who was speaking on a programme on Channels Television, while frowning over the possibility of one not being able to win an election petition claimed that such was because of what the electoral law says, making whatever INEC does under the law, to be presumed to be correct.
The lawyer who made this statement further clarified that when these documents are being tendered to the tribunal, it makes it more unlikely for such not to be deemed correct.
Speaking further, he called for the need of the electoral law to be revisited in a way where INEC can be asked to come and show if they did what the electoral law said it should do, rather than just accepting and backing INEC saying that they have done what the law said.
In his words… “Nobody in Nigeria, no party can win an election petition, because the electoral law as made it so much that INEC has a presumption given to it by the law that whatever it does is presumed to be correct. Therefore, in any election petition, INEC only comes and say I have conducted the election according to the law, and tenders the documents, and at the stage it tenders those documents, the law says yes, the law presumes that what you have tendered is correct. So, that law has to change, we have to change it in a way that we say, INEC, the law says do this, come and show that you did what the law said you should do”