Gov. Okorocha’s suit seeking Certificate of Return suffered further delay

Andrew Orolua, Abuja

Attempt by Governor of Imo State, Rochas Okorocha to get the Federal High Court sitting in Abuja to hear his suit seeking an interim injunction to compel the Independent National Electoral Commission, INEC, to issue him a Certificate of Return as the Senator-elect for Imo West Senatorial District suffered setback on Friday.

Okorocha,in a suit marked FHC/ABJ/CS/296/2019, had through his team of lawyers led by Mr. Kehinde Ogunwumiju(SAN),prayed the court for an order directing INEC, in the interim,to issue him Certificate of Return pending the determination of the suit.

But at the resumed proceeding on the matter on Friday, the court heard that four other interested parties have filed applications seeking to be joined as defendants.

The parties are Mr. Nwachukwu Clement of KOWA Party, Precious Nwadike of United Progressive Party, UPP, Dr. Uche Ibeh of Labour Party, and the All Progressives Grand Alliance, APGA.

The court had earlier during the last sitting heard Hon. Jones Onyeriri of the Peoples Democratic Party, PDP, and Senator Osita Izunaso of APGA applications and joined them as interested parties in the case.

The court considered the parties’ respectivec applications and accordingly joined them as 2nd to 7th Defendants in the matter and all the defendants notified the court that they would filed preliminary objections challenging the competence of Okorocha’s suit.

Although, their prayers varied, the main trust of the defendants prayers are that the court lacks jurisdiction to entertain Okorocha suit, therefore it should refuse his request .

INEC, through its lawyer, Mrs. Wendy Kuku, also queried the jurisdiction of the court to entertain the suit which it argued raised post-election issues.
But Okorocha is insisting that the electoral umpire lacked the statutory powers to withhold his Certificate of Return.

According to him, he was validly elected to occupy the senatorial seat.
Okorocha asked the court to declare that INEC acted in error when it refused to recognise him, even after the returning officer had declared him winner.

Okorocha, through his team of lawyers led by Mr. Kehinde Ogunwumiju, SAN, at the hearing, prayed the court for an order directing INEC to issue in the interim, Okorocha with Certificate of Return pending the determination of the suit. Probably, to enable him participate in the ongoing lobbying among members- elect for positions at the Senate.

Justice Taiwo .O. Taiwo adjourned the case till next Tuesday while directing all the parties to file and exchange their processes before the date. The judge added that the court will not join any other group or person as an interested party to the suit.