According to him, only fresh elections will resolve the ongoing controversy.
Okoye, who was one of the Peoples Democratic Party (PDP) governorship aspirants in the contest, said INEC had committed a technical mistake, having proceeded to officially declare the collated results of the local government and constituency without seeking a proper legal advice.
The lawyer said “INEC, having been satisfied that the final result of the election will be substantially affected by voting in the areas where the election were cancelled, thus, refused to make a return of the election and declared the election as inconclusive.”
He said the commission in his view rightly exercised the powers conferred on it by virtue of section 53(2) of the Electoral Act 2010 (as amended) and of all other powers enabling it to do so.
“The Commission in my view ought not to have declared as ‘final’ the collated results of the local governments and constituency before it ordered another election in the affected polling units.
“In my view, the Commission became functus officio, discharged of their duties as soon as the final results of all the local governments in the affected areas and the constituency were officially declared.
“The commission can no longer for any reason whatsoever, alter the figures of the result officially declared, to add or remove, or amend, from the declared results without an order of court,” Okoye said.
Okoye added that since INEC is without power to alter or add to the results officially declared, any election conducted in the affected polling units will be useless, worthless and tantamount to colossal waste of time and resources.
“Since the figures to be obtained cannot be added, without the alteration of the final figures in the declared results, the only option available to the Commission is to conduct a fresh election,” he counselled.