The Federal High Court sitting in Abuja has ordered the Independent National Electoral Commission,INEC, to immediately issue the Certificate of Return to the immediate-past governor of Imo State, Rochas Okorocha, as the Senator-Elect for the Imo West Senatorial District.
Justice Okon Abang who made the order in a judgment on the suit filed by Okorocha, challenging INECs decision to withhold his certificate of return after he was declared the winner of February 23, 2019, National Assembly Election in the Imo West Senatorial District, described INECs action as lawless and arbitrary.
Justice Abang also held that Okorocha having been declared the winner of the election, INEC no longer had any legal authority to withhold a certificate of return due to him.
The judge held, 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.
He also held that the issue of duress is unknown to both the electoral act and the constitution of Nigeria.
