Elder Statesman and Senior Advocate of Nigeria, Senior Advocate of Nigeria, Robert Clark , has said that the law makes a presumption that INEC has done a great job in the conduct of elections and so, it will be difficult for candidates to declare otherwise. Speaking to Reuben Abati of ARISE TV in his show, THISDAY LIVE. The Elder statesman had stated that:
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“To be very honest it depends on which divide you are, Nigerian politics has a sharp divide and whichever divide you are, one may be tempted to tilt towards that. But speaking for myself, there is always a presumption in law especially in the law of evidence, during the operation of undertaking an election, is deemed in law to be correct. It is a presumption that is rebuttable. Therefore, when it goes to the tribunal, it is presumed that INEC has done the correct thing. I have always argued on this law that it places a burden on the respondent. And it places the respondent in a very difficult position to win any election matter in Nigeria. I have been involved in election matter for over 35-40 years and it is difficult to win an election petition, because of this petition presumption that INEC has done the correct thing. So, if the law says INEC has performed as a public officer and there is a presumption that what it has done is correct. Who am I if I don’t see any other information that can change that notion. So as far as I’m concerned INEC has done its best”
In the recent constitutional debate as to whether a candidate needs to win the Federal Capital Territory before he can be declared as president. The learned silk has referred to the 1979 Shagari case. He mentioned how as a young lawyer to Fani Kayode he had helped research the position of the law with regards to two-thirds in 19 states when a similar scenario popped up. He further mentioned how an Australian case has posited that if a person is placed with either a greater or lesser burden, the court is expected to give that litigant a lesser burden. So, as against 13 states, the contemplation of the law then was that a candidate should win just 12 states.
For the present constitutional debate, two-thirds of thirty-seven states is not arithmetically possible. He stated that it will be necessary for a candidate to win just twenty-four states, as the constitution and case laws have repeatedly stated that a federal capital territory does not have a special status above any states in Nigeria. Hence, the declaration of the presidential candidate of the All-Progressive Congress is justified by law.
On the six states that have earlier approached the Supreme Court to petition INEC on the conduct of the election. The elder statesman had vehemently kicked against the action and called it a “non-starter”. According to him, the Supreme Court has no jurisdiction to entertain such suits, and the proper court to go to was the Presidential Election Petition Tribunal.
He was further asked why the voter turnout for the Presidential was low, considering the fact that it had the highest numbers of registered voters since 1999 and then, had the lowest turnout of actual voters during the elections since 1999. Responding to this, the elder statesman had stated that the circumstances upon which the 1999 elections were held were different from any other elections held in the Country. The scarcity of cash and fuel had made a lot of eligible voters stay at home and not vote on the day of the elections.
Clark had equally ranted about the 1999 Constitution which he said no headway can be done until it is revisited and redrafted owing to the different lapses and lacuna it is invested with. “Independent Candidacy is the way forward…” he had outcry “Political parties must organize themselves and pay party agents…” this he said makes the system too expensive. Similarly, he had asked that the party of the federal government is reduced and given to the states so that states can be developed at their own pace.
When asked what his advice would be to Mr. Peter Obi of the Labor Party, Atiku Abubakar of the People’s Democratic Party, and Rabiu Kwankwaso who had followed after the APC Flagbearer, he had enjoined them to come to him for consultation and that he does not give free public advice.
In conclusion, he mentioned that some of the lessons to be learned from the just concluded elections should be the review of the Constitution, devolution of powers to the state, and that the Central Bank should make cash available for people.
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