An Abuja division of the federal high court on Friday ruled out the decision of the Independent National Electoral Commission (INEC) not to present former Imo State governor, Rochas Okorocha, a certificate of return as senator-elect.
The court described the decision of INEC as lawless as it does not fall under the provision of any law, thebreakingtimes reports.
According to Justice Okon Abang, who is presided the court, only the returning officer of the INEC had the constitutional authority to declare a winner.
Justice 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.The court further ruled that Mr. Okorocha had no business being the originator of the petition at the election tribunal.
Mr. 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.”
The electoral body had said it refused to give Mr. Okorocha certificate of return after the returning officer for Imo West senatorial district said he was compelled to declare Mr. Okorocha winner.