By Jude Opara, Abuja

The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu is expected to vacate his office today pending his confirmation by the National Assembly (NASS) for a second term in office

Yakubu, who had been re-appointed by President Muhammadu Buhari, would momentarily, hand-over to the most senior INEC National Commissioner in line with Constitutional provision.

The Chairman, who was appointed on October 21, 2015, took over from a former National Commissioner, Mrs.

Though in his early days in office, there were challenges that bogged the electoral system with many results declared inconclusive, the Commission had continued to make some positive progress such as Edo and Ondo states governorship elections, held in September and October, respectively.  

Many analysts and stakeholders applauded his re-nomination believing that it was an opportunity for him to consolidate on the recent achievements in conduct of the nation’s elections.

Yakubu had also pushed for more legal backing in the electoral system including the introduction of the electronic voting, which many believe will help  eliminate the incidents of manipulation that had hitherto characterized the system.

Similarly, INEC under Yakubu had consistently called for the introduction of a special legal framework that would handle issues of electoral fraud.

Why we can’t Disqualify Obaseki

Meanwhile, the Commission has explained its inability to investigate and disqualify Edo State Governor, Godwin Obaseki, over alleged forged documents presented to the electoral umpire.

INEC said there was  no court order in that regard and as such was beyond its responsibilities and powers.

The Commission made this assertion in its reply to the petition filed by the Action Democratic Party (ADP), challenging the victory of Obaseki in the September 19, governorship election.

The Peoples Democratic Party (PDP), a platform, which Obaseki contested the election, had admitted that the alleged errors in  certificate were made in the course of filling his forms for the election in 2016.

Obaseki was said to have mistakenly written 1976 in a portion of the form for the year of graduation, whereas it was the year of his admission into the University of Ibadan.

 “At the time Obaseki was completing his Form CF001 in 2016, he deposed to an affidavit stating that he had misplaced the originals of all of his certificates, while changing offices with the intention to apply for a re-issuance of his certificates”, PDP had argued.

Original Certificate Issued in A5 Size – PDP

The Party blamed the alleged error in Obaseki’s certificate on the photocopier saying, “the original certificate was issued in A5 size; however, in order for the photocopy of the certificate to be attached to the Form CF001, the size was reduced to A4 and in the process, leaving out some information on the certificate”.

INEC, however, said it was not in the position to disqualify the governor for alleged certificate forgery, but that only a competent court of jurisdiction could do that.

The Commission, being the 1st respondent in the petition filed by ADP to the Edo State Governorship Election Petition Tribunal, in a certified true copy containing its reply said: “It is also not the duty of the first respondent (INEC) to investigate the origin of the said documents duly submitted to it”.

The reply signed by INEC’s lead counsel, Mr Adegboyega Awomolo, said: “The information given by the 3rd respondent, Mr Godwin Obaseki, in the affidavit and documents submitted by him as a candidate at the election in INEC’s nomination form (Form C.F. 001) are presumed manifestly true or prima facie correct until and only if the contrary is proved and/or pronounced false by an order of the court”.‎