Court orders INEC to issue certificate of return to Okorocha

By Andrew Orolua, Abuja

Respite on Friday came the way of former Governor of Imo state, Owelle Rochas Okorocha as the Federal High Court in Abuja ordered the Independent National Electoral Commission (INEC) to forthwith issue him with the certificate of return as senator -elect for Imo West Senatorial District.

Justice Okon Abang of the Federal High Court, Abuja, gave the order while delivering judgment in the suit filed by Okorocha against the INEC. Okorocha had brought the suit after the commission refused to issue him with the certificate of return in the February 23 National Assembly election even when the returning officer had declared him winner..

The court also ordered INEC to publish Okorocha’s name in its list of winners of the 2019 National Assembly election, having been declared winner of the Imo West Senatorial District election of February 23.

According to the court, the electoral body lacks the lawful authority to withhold the certificate of return to Okorocha.

In his judgment, Justice Abang declared that INEC’s unilateral decision to withhold Okorocha’s certificate of return is unlawful, ultra vires, null and void, insisting that INEC’s decision which has no legal justification cannot be allowed to stand so as not to create problems in the polity.

According to Justice Abang, if the electoral body’s action is condoned, election can easily be cancelled on mere claims of acting under duress by returning officers.

“INEC has no lawful authority under the Electoral Act or constitution to withhold the certificate of return, it is unlawful. No law supports the unilateral decision of INEC. Assuming that its electoral returning officer claimed that he made the declaration under duress, INEC cannot be the prosecutor and judge in its own case,” he held.

Justice Abang noted that INEC has taken sides in a matter it ought to be an umpire and as such ought not to act beyond the declaration of the results.

He further held that if the defendants in the suit were aggrieved about the outcome of the results, they are at liberty to approach the tribunal which would avail them the opportunity to ventilate their grievances and call witnesses to prove their claim that the returning officer announced the result under duress.