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Why Supreme Court Cannot Invalidate A Presidential Election Conducted By INEC- Clarke

A Senior Advocate of Nigeria, Robert Clarke has said that there will be no end to electoral litigations till the 1999 Constitution is amended.

Clarke argued the the Supreme Court cannot set aside the result of a presidential election because the constitution states that whatever the Independent National Electoral Commission (INEC) presents is right.

The elder statesman asserted that the 1999 Constitution has given the electoral body too much power.

He stated this during an appearance on Channels Television’s Politics Today on Thursday.

Clarke statement is coming against the backdrop of the Supreme Court judgement that upheld President Bola Tinubu’s election.

He lamented that there have been about six election petitions and the Supreme Court has never invalidated any presidential election in Nigeria.

According to Clarke, “The problem today is that the system we have, except it is rigorously looked into, we will continue for every four years to do the same thing we are doing for the next 20 years. I started with this constitution in 1999; today, 2023, there has been no difference. Every four years, we do a roundabout in trekking and come to the same point.

“We have done about six election petitions and the Supreme Court has never set aside any presidential election in Nigeria. Why should they, when the law says whatever the umpire does is by law presumed to be right?

“So, once the umpire which is INEC presents documents to the tribunal and says ‘I have done my job, these are the results, if you are not happy come and challenge me and bring your own result.

“That is what is happening. We have to make sure INEC is not given that advantage to present document and the court has no option than accept them as correct.

“For us not to come back in four years’ time to come and be talking the same thing that we are doing today, we must amend the 1999 Constitution to remove that section that says to be able to contest an election you must belong to a political party.”

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