Weeks after being declared the winner of the Imo West Senatorial district, under duress by the Returning Officer for the Senatorial District, Innocent Ibeawuchi, an Abuja Division of the Federal High Court has nullified the decision of the Independent National Electoral Commission (INEC) to refuse to present the former governor, Rochas Okorocha, with his certificate of return as 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.”
In a decision 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.
Justice 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.”
