An Abuja-based lawyer, Barrister Yunus Abdulsalam, has declared that the uprightness of the Independent National Electoral Commission (INEC) saved President Muhammadu Buhari in 2015.
He stated this while hailing the affirmation by INEC that it lacked powers to stop aspirants or candidates from constesting in elections.
The legal practictioner, in a chat with DAILY POST Monday night, stated that in line with constitutional provisions, only the judiciary can disqualify a person.
According to him, Buhari benefitted from INEC’s integrity, fair play and justice, when the opposition took him to court over his certificate ahead of the 2015 general polls.
Abdulsalam said: “For INEC to disqualify a candidate over an allegation of graft will amount to a clear violation of Section 36(5) of the 1999 constitution (as amended).
“That constitutional provision clothed all candidates with the garment of a presumption of innocence until proven guilty by a competent court of law.
“Such disqualification will amount to a penalty and INEC by law did not have such power. The power to penalise is exclusively that of the judicial arm of government.
“This position was reiterated by the supreme court in the case of Action Congress and others Versus INEC which Reference SC 69/2007.
“We should also remember the case by the opposition against the then presidential candidate of APC in 2015, Muhammadu Buhari over his school certificate.
“Buhari was also a beneficiary of INEC’s insistence of not disqualifying any candidate. There was no court verdict to disqualify him and INEC refused to do otherwise.”
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