The LP asked for a writ of prohibition, restraining the National Elections Commission (NEC) from proceeding with the runoff election until their complaints were heard and decided by the electoral body. Justice Ja’neh is the Chamber Justice and his initial decision was also upheld and sustained by his colleagues. NEC relied on Article 83 of the 1986 Constitution, arguing that the article gives the electoral body 30 days to hear and decide any complaints of irregularities and frauds, after the announcement of the final votes of the October 10 presidential and legislative elections. This, the electoral body believed gave them the constitutional mandate to conduct the runoff, while conducting an investigation into the LP’s complaints. He also explained that the constitutional requirement NEC argued mandated in Article 83 (c), that only the two presidential tickets with the greatest number of valid votes on the first ballot should be designated to participate in the runoff election, when the vote cast on the first ballot was still subject of allegation of “gross irregularities and frauds before the NEC, which was without legal authority to have designated any two presidential tickets for the runoff election,” Korkpor maintained.

Source: Daily Observer November 07, 2017 02:28 UTC