Justice Okon Abang of the Federal High Court in Abuja, on Friday, ordered the Independent National Electoral Commission to immediately issue the certificate of return to embattled former Imo State governor, Rochas Okorocha, as the senator-elect for the Imo West Senatorial District.
Justice Abang gave the order in his judgment on the suit filed by Okorocha, challenging INEC’s decision to withhold his certificate of return after he was declared the winner of February 23, 2019, National Assembly election in the Imo West Senatorial District.
INEC had withheld Okorocha’s certificate of return saying the Returning Officer who presided over the election made it clear on live television that he declared declared Okorocha winner under duress.
However, the judge was not compelled by this. He described INEC’s action as lawless and arbitrary, holding that Okorocha having been declared the winner of the election, INEC lacked the legal authority to withhold the certificate of return due to him.
Abang said, “Once the declaration is made under section 68(c) of the Electoral Act, INEC has become functus officio and INEC has no lawful authority to withhold the certificate of return for any reason whatsoever.
“Therefore the issue of duress is unknown to both the Electoral Act and the Constitution.”
According to him, Okorocha remained elected pending the outcome of the ongoing proceedings of the National Assembly Election Petition Tribunal.
He, therefore, ordered that INEC shall “forthwith publish and circulate the name of the plaintiff as the senator-elect representing Orlu Imo West Senatorial District.
“It is hereby ordered that INEC shall forthwith issue a certificate of return as the senator-elect representing senator-elect representing Orlu Imo West Senatorial District.”
INEC was yet to react to this ruling as at the time of filing this report.
The inauguration of the ninth Senate takes place on Tuesday.
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