Justice Okon Abang of the Federal High Court on Friday ordered the Independent National Electoral Commission (INEC) to issue Rochas Okorocha, a Certificate of Return, describing INEC’s decision to deprive Okorocha of the certificate as “lawless.” Justice Abang also held that only the returning officer of the INEC had the constitutional authority to declare a winner.
He held that any person declared a winner by the returning officer remains a winner until petitioners succeed in upturning the declaration at the election tribunal. The court further ruled that Mr Okorocha had no business being the originator of the petition at the election tribunal. Justice 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.”
The electoral body had said it refused to give Okorocha certificate of return after the returning officer for Imo West senatorial district said he was compelled to declare Okorocha winner under duress. The Imo State High Court has also upheld INEC’s decision not to issue Okorocha a certificate of return to acknowledge his victory as the Senator-elect for Imo West Senatorial District. But Justice Okon Abang of the Federal High Court ruled that INEC has no reason not to issue Okorocha certificate of return.
Meanwhile, INEC reacted to the judgement of the Federal High Court, Abuja which ruled that Rochas Okorocha be awarded his certificate of return as a senator, reminding the court that while it ruled that Okorocha’s certificate of return be issued to him, the hearing of the case is still on and adjourned till June 26 at the Imo state high court.
“In view of the import and directives of the said judgement, the Commission will meet as soon as practicable to do the needful,” INEC national commissioner on information and voter education Festus Okoye said in a statement.
Okoye said the commission is currently undertaking “State-level reviews of the 2019 general elections and all the National Commissioners are either in or heading to their States of Supervision to coordinate activities relating” to the review of the election.
On the returning officer that announced the election result under ‘duress’, Okoye said, “the Commission… is worried that if electoral impunity is allowed to flourish, any individual can harass, intimidate and put the Commission’s officers under duress, procure a favourable declaration and be rewarded with a Certificate of Return.”
The INEC national commissioner commended the Abuja High Court and assured Nigerians that “the Commission will continue to obey judgements of all courts of competent jurisdiction.”
