By Samuel Oyadongha
Yenagoa — Lagos Lawyer, Mr. Femi Falana, yesterday, expressed dismay over the failure of the court to invoke section 149 of the 2006 Electoral Act on persons found wanting in the conduct of elections in the country.

The human rights lawyer in an interview in Yenagoa against the backdrop of the nullification of the election of Dr. Emmanuel Uduaghan said the invocation of  section 149 of the Electoral Act would have helped check the pervasive electoral fraud in the land.

Specifically, he noted with dismay the position of the Court of Appeal for allowing the sacked governor to take part in the fresh polls to be conducted in the next 90 days.

Falana also urged the Independent National Electoral Commission, INEC, and other concerned citizens of Delta State to head back to the Court of Appeal asking for variation of the order of the court on account of the cost implication on the state in conducting two elections in less than two months.

Citing Section 149 of 2006 of Electoral Act which allows the judiciary or the tribunal to recommend the prosecution of those found wanting in the conduct of the election, he lamented that no court in the country has invoked this all important provision to serve as deterrent to others.

Lamenting the reluctance of the court to invoke the relevant section to punish offenders he said, “Dr. Uduaghan and their collaborators have been allowed to go scot-free. In fact to worsen matters, to complicate illegality, the court has curiously allowed him to take part in another election. What lesson are we teaching?

That it pays to be fraudulent?

“If the argument of the proponent of tenure elongation is to be followed, it then means that if Dr. Uduaghan wins re-run election, he will spend seven and half years in office that could never have been the position of the law.

“The law does not reward fraud or immorality or illegality. As a matter of fact, the law punishes criminality or illegality. Unfortunately, this time around, the law has been silent in that area.”

He said since general election would be held nationwide in 2011, it would have been proper for the court to extend the tenure of the Acting Governor till April next year.

Said he: “Another problem I have with the ruling is that, it is going to be wasteful and too costly to run two governorship elections between now and April next year in that state because if Dr. Uduaghan wins again, his tenure will end in May 2011.”

“In other words, there have to be fresh election in that state next year, like other parts of the country. For this reason one will like to advise INEC and other concerned people in Delta State to head back to the Court of Appeal to ask for variation of the court order, so that the tenure of the Acting Governor, the Speaker can be extended to April to allow one election.”