Issue Certificate Of Return To Okorocha As Senator-elect, Court Orders INEC

After all the ‘roforofo’ fight between the immediate past governor of Rivers State, Rochas Okorocha and the Independent National Electoral Commission (INEC) on either he would be presented the certificate of return or not, the Federal High Court in Abuja has ordered the Independent National Electoral Commission to immediately issue the certificate of return to Okorocha, as the senator-elect for the Imo West Senatorial District.

The court made this order on Friday in the judgment made by Justice Abang on the suit filed by Okorocha to challenge INEC’s decision to withhold his certificate of return after he was declared the winner of Imo West Senatorial District in the February 23, 2019, National Assembly election.

The Returning Officer who presided over the election complained that he declared the results under duress.

Justice Abang, who described INEC’s action as lawless and arbitrary, says: “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.
“It is hereby ordered that INEC shall forthwith issue a certificate of return as the senator-elect representing Orlu Imo West Senatorial District to Owele Rochas Okorocha.”

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.

A total of N900,000 cost is to be paid by defendants to Okorocha.
The judge ordered the defendants to pay the costs personally to Okorocha before taking any further steps in the case.