A Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to present the immediate past Imo State Governor, Rochas Okorocha, with a certificate of return as senator-elect.
Justice Okon Abang ruled on Friday that INEC’s decision to deprive Mr Okorocha of the certificate falls outside the provisions of the law and was therefore a “lawless decision.”
INEC had refused to issue a certificate of return to Okorocha after the returning officer for Imo West senatorial election said he declared Okorocha winner under duress.
Mr Abang, however, said that any person declared a winner by the returning officer remains winner until petitioners succeed in upturning the declaration at the election tribunal.
The court also ruled that Okorocha had no business being the originator of the petition at the election tribunal.
Abang, who ruled that the federal high court had exclusive jurisdiction to decide on the matter, described INEC’s decision as “lawless and a complete nullity.”
INEC had refused to issue a certificate of return to Okorocha after the returning officer for Imo West senatorial election said he declared Okorocha winner under duress.
Mr Abang, however, said that any person declared a winner by the returning officer remains winner until petitioners succeed in upturning the declaration at the election tribunal.
The court also ruled that Okorocha had no business being the originator of the petition at the election tribunal.
Abang, who ruled that the federal high court had exclusive jurisdiction to decide on the matter, described INEC’s decision as “lawless and a complete nullity.”
