INEC ordered by court to issue certificate of return to Okorocha

INEC ordered by court to issue certificate of return to Okorocha

The Independent National Electoral Commission (INEC) has been ordered by a federal high court in Abuja to issue certificate of return to Rochas Okoroc

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The Independent National Electoral Commission (INEC) has been ordered by a federal high court in Abuja to issue certificate of return to Rochas Okorocha, the immediate past governor of Imo state.

Okon Abang, the presiding judge, held that having been declared winner of the February 23 senatorial election in Imo west district, INEC has no reason not to issue him certificate of return. He ruled that the decision to deprive Okorocha of the certificate falls outside the provisions of the law.

“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,” the judge held.

The court ruled that Okorocha remained elected subject to the outcome of the ongoing proceedings of the election petition tribunal. He, therefore, ordered, INEC to publish and circulate the name of Okorocha as the senator-elect representing Orlu Imo west senatorial district.

The judge awarded the cost of N200,000 payable by INEC to the plaintiff, and awarded N100,000 payable to the plaintiff by each of the other seven defendants to the plaintiff. The judge ordered the defendants to pay the costs personally to Okorocha before taking any further steps in the case.

INEC had delisted Okorocha among senators-elect, saying Francis Ibeawuchi, returning officer for the Imo West senatorial election, in the 2019 general elections, declared the former governor winner of the election under duress. The governor has said that he has forgiven Ibeawuchi.