A Federal High Court sitting in Abuja presided over by Justice Okon Abang has nullified the decision of INEC on his refusal to present Certificate of Return to the former Imo State Governor, Rochas Okorocha as a senator-elect.
The Court ruled that the decision to deprive Mr Okorocha of the certificate falls outside the provisions of the law and was, therefore, a “lawless decision.”
According to the court presided over by Justice Okon Abang, only the returning officer of the INEC had the constitutional authority to declare a winner.
Mr Abang said any person declared a winner by the returning officer remains a winner until petitioners succeed in upturning the declaration at the election tribunal.
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The court further ruled that Mr Okorocha had no business being the originator of the petition at the election tribunal.
Mr 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 Mr Okorocha certificate of return after the returning officer for Imo West senatorial district said he was compelled to declare Mr Okorocha winner.
Meanwhile, the Independent National Electoral Commission in a statement signed by the National Commissioner for Information and Voter Education Committee, Festus Okoye, on Friday, said given the latest court judgment, ”the commission would meet as soon to do the needful.”
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Mr Okoye said the commission is ”currently undertaking state-level reviews of the last general election.”
He added that all INEC commissioners
”heading to their states of supervision to coordinate activities relating to the said review.”
Mr Okoye said, ”The attention of the Independent National Electoral Commission (INEC) has been drawn to the judgment of the Federal High Court, Abuja, presided over by the Hon. Justice Okon Abang, directing the Commission to issue a Certificate of Return to Rochas Okorocha as the Senator-elect for Imo West Senatorial District.
”The Commission is aware that the judgment delivered by the Federal High Court, Abuja is the latest and determined the rights of the parties about the subject matter of the Certificate of Return, in respect of the Imo West Senatorial Election.
”Given the import and directives of the said judgment, the Commission will meet as soon as practicable to do the needful. As a law-abiding institution, the Commission will continue to obey judgments of all courts of competent jurisdiction.”
www.sojworld.com (c) June 8, 2019
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