AISHA ABUBAKAR
A Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission, INEC, to issue a Certificate of Return to former Imo State Governor, Owelle Rochas Okorocha.
Justice Okon Abang on Friday ruled that the having been declared by the Returning Officer as the winner of the February 23 Senatorial election for Imo West Senatorial District (Orlu Zone), INEC has no reason not to issue him certificate of return.
“Once a declaration is made and returns thereafter INEC becomes funtus officio and has no power under any law to withhold certificate of returns “Justice Okon Abang said.
All preliminary objections by the defendants have been struck out by Justice Abang as lacking in merit. The Court 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.