Justice Okon Abang of the Federal High Court in Abuja has mandated the Independent National Electoral Commission to to immediately issue the certificate of return to the immediate past Governor of Imo State, Rochas Okorocha as the senator elect for Imo west senatorial district.
Okorocha, by the suit marked FHC/ABJ/CS/296/2019, asked the court to, among others, compel the electoral umpire to issue him his certificate as the senator-elect for Imo West Senatorial District.
Okorocha maintained that INEC lacked the statutory powers to withhold his certificate because he was validly elected to occupy the senatorial seat.
The former Governor equally wants the court to declare that INEC acted in error when it refused to recognise him as the winner of the senatorial election in Imo West district.
Justice Abang overruled the submission by candidates of the PDP, Jones Onyeriri and APGA, Osita Izunaso that the matter ought to be taken to the election petitions tribunal since it has become a post-election matter which robbed the court of jurisdiction under sections 285, 251(1) of the 1999 Constitution.
The judge held that petitions to the election tribunal under Section 133 of the Electoral Act should be made by the losers, and not the person declared winner whether under duress or not.
“The reliefs sought by the plaintiff (Okorocha) does not relate to the validity of the election to warrant him filing petitions at the election tribunal,” the judge said.
“The tribunal has no jurisdiction to answer questions as to the validity of INEC’s action. Action of INEC not to issue certificate of return is unknown to the Constitution and the Electoral Act.”
