Senate Seat: Court Orders INEC to Issue Okorocha Certificate Of Return

Posted by African Examiner Featured, Featured Contributors/Columnists, Latest Headlines Friday, June 7th, 2019

…Fines Plaintiffs with the sum of N900k

(AFRICAN EXAMINER) – The Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission (INEC) to immediately issue the certificate of return to the immediate-past Governor of Imo State, Owelle Rochas Okorocha, as the Senator-elect for the Imo West Senatorial District.

Justice Okon Abang gave the order Friday while delivering judgment on the suit filed by ex-Governor challeging INEC’s decision – to withhold his certificate of return.

Although under alleged duress, the former Governor was declared the winner of the Saturday, February 23, 2019, poll by the INEC Returning Officer, Prof. Ibeabuchi Izuchukwu Innocent.

However, Justice Abang described INEC’s action as lawless and arbitrary. He held that after Okorocha had been declared the winner of the election, INEC did not have legal authority to withhold the certificate of return due to him.

The judge ruled: “Once the declaration is made under section 68(c) of the Electoral Act, INEC has become functus officio and … 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.”

The court ruled that Okorocha remained elected subject to the outcome of the ongoing proceedings of the State’s National Assembly Election Petition Tribunal.

Consequently, he ordered, “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” Justice Abang ruled.

Again, the judge awarded the cost of N200, 000 payable by INEC as well as N100, 000 payable by each of the other seven defendants to the plaintiff.

The judge went further to order the defendants to pay the costs personally to Okorocha before taking any further steps in the case.

Justice Abang held that the plaintiff ought not to have applied to be joined in the case, adding that the cost awarded against INEC would serve as a deterrent from taking any future unlawful action.