Rerun: INEC erred by issuing certificate of return for my replacement, says Cross River senator

Stephen Odey, senator representing Cross River north, has faulted the Independent National Electoral Commission (INEC) for issuing certificate of return for his replacement.

Addressing journalists in Abuja during the weekend, Odey said his victory at the senatorial rerun has not been nullified by any court.

INEC had declared Odey winner of the senatorial rerun held last year to replace Rose Oko, the lawmaker who occupied the seat, after she died.

But the commission later issued a certificate of return to Jarigbe Jarigbe who was later affirmed the rightful winner of the election by the court of appeal.

Odey, however, proceeded to the supreme court to challenge the appellate court’s judgement.

In its verdict delivered on February 25, the apex court upheld the preliminary objection on the competence of the service of the notice of Odey’s appeal.

It, therefore, ruled that “the need to consider the issues raised in appeal would, therefore, automatically abate.”

While Jarigbe has laid claim to the senatorial seat after arguing that the supreme court ruled in his favour, Odey said he remains the authentic winner of the election which they contested under the Peoples Democratic Party (PDP).

“I contested on the 5th of September. I won the primaries, I scored 450 votes against Hon. Jarigbe with 90 votes. And I was declared the winner,” he said.

“On the day I was to be sworn in, he brought a court order from high court Bwari, restraining the senate president from swearing in John Alaga. That is why I was not sworn in on the 15th.

“Then, I petitioned the judge telling him I was the winner of the election and as soon as he realised, he quickly called them and vacated the order. Jarigbe thereafter withdrew the suit and it was struck out on February 4th.

“I also applied as an interested party in a suit to be filed in the court of appeal. I told the judge that I am the sitting senator and I attached my oath of office.

“That was when they granted me leave to appeal at the supreme court and in the judgement on 17th December, there is nowhere that the court said they should issue Jarigbe certificate of return.

“That is why we are blaming INEC, that INEC erred based on hearsay. They didn’t wait because at the time they issued that certificate, the judgement was not out.”

Jarigbe, a serving member of the house of representatives, recently asked Senate President Ahmad Lawan to stop Odey from attending plenary and swear him in as his replacement.