The leading opposition political party in the Delta State, All Progressives Congress, APC, has warned the Delta State Independent Electoral Commission, DSIEC, that it would institute legal action against the Commission, if in 7days, steps are not taken to address perceived gross violation of Section 32(1)-(3) of the DSIEC law 2017.
The APC, which handed down the warning in a letter dated Monday May 6 and addressed to the Chairman of DSIEC, explained that Section 32(1)-(3) of the DSIEC law 2017, provides that the Commission, shall issue the said notice of election not earlier than 150 days before and not later than 30 days, before the expiration of the term of the last holder of that office.
The petition, which was signed by the Acting State Secretary of APC Delta State, Ogbueshi Anselm Onianwa, noted inter-alia: "The publication of the said notice in the Pointer Newspapers of 3rd May 2024 at page 10, signifies a positive and affirmative decision by your Commission to conduct the local government elections now scheduled for 13th July, 2024.
“A simple arithmetic calculation shows that the term of the last holders of these offices ended in March 2024. The failure of your Commission to take cognizance of these mandatory provisions that demands strict compliance that cannot be trifled with, is a serious case of dereliction of duty and calls into question the very legality and legitimacy of the whole electoral exercise ab initio.
“Furthermore, going by your notice, the dates 6th to 26th May, 2024, fixed for political parties to conduct their primaries to nominate candidates clearly contravene the provisions of Section 97 which also mandatorily requires political parties to give your Commission a 21-day notice of the conduct of such primaries. As of today, political parties are already out of time to issue your Commission with the requisite notice and consequently any primary conducted in such a situation, is a nullity having run foul against the DSIEC Law 2017.
“It Is reprehensible to observe that your Commission is already in gross violation of the very enabling law that would be used in conducting the local government elections. These breaches are inimical to the very core of your Commission as an independent body saddled with such enormous responsibility as it leaves little room to doubt that the whole exercise is a charade designed and skewed in favour of a certain political party.
“Your Commission has woefully failed to inspire confidence as an unbiased umpire capable of conducting free and fair elections that meet the barest minimum standards.
“It Is therefore incumbent on your Commission to take urgent and necessary steps to address these constitutional and fundamental breaches that have robbed the process of any form of validity, sanctity and integrity in order to dissuade the feeling that he who pays the piper dictates the tune.
“Consequently, we are by this vehement protest giving your Commission 7 days notice within which to correct these legal aberrations, failure to do so shall result in an action in a court of law for redress.”
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Hitler Preye Bela
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