Certificate of Return saga: Court to decide Okorocha’s case against INEC Friday
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By
Timi Oni
-
The Abuja
Division of the Federal High Court has fixed Friday for judgment on the suit
former governor of Imo State, Rochas Okorocha, filed for an order to compel the
Independent National Electoral Commission, INEC, to issue him a Certificate of
Return as the Senator-elect for Imo West senatorial district.
Trial Justice Okon Abang okayed the matter for judgment after all the parties, including candidates of some political parties that participated in the election, adopted processes they filed for the suit to be dismissed.
The candidates, who through their lawyers, persuaded the court to join them as interested parties, said Okorocha’s suit lacked merit and deserved to be thrown out. They separately contended that the high court lacked the jurisdiction to order INEC to recognise Okorocha as the winner of the disputed senatorial seat. Those the court joined in the suit are candidates of All Progressive Grand Alliance, APGA, Chief Osita Izunaso; Peoples Democratic Party, PDP, Mr Jones Onyereri; KOWA Party, Mr Nwachukwu Clement; United Progressive Party, UPP, Precious Nwadike, and Dr Uche Ibeh of Labour Party, LP.
Justice
Abang had, on May 22, suspended proceedings on the matter following an appeal
Izunaso filed with respect to the suit. Izunaso had gone before the appellate
court to challenge the decision of the high court to assume jurisdiction in the
case. In his six grounds of appeal, Izunaso argued that by hearing and granting
joinder applications that were brought by all the candidates that participated
in the polls, the court exercised jurisdiction it does not have. He argued that
the court should not have taken any step until it had determined whether or not
it has jurisdiction to entertain Okorocha’s suit.
Meanwhile,
following a nod from the Abuja Division of the Court of Appeal, Justice Abang
subsequently heard all the parties and reserved the case for judgment.
Okorocha’s desires Specifically, Okorocha had in his suit prayed the court to,
among other reliefs, order INEC to issue him a Certificate of Return to enable
him to proceed to the Senate. It is part of Okorocha’s position that INEC
lacked the statutory powers to withhold his Certificate of Return, insisting
that he was validly elected to represent Imo West in the Senate. The
plaintiff’s bid to secure interim order against INEC suffered setback owing to
multiple applications by candidates that were part of the polls.
Okorocha
had prayed the court to order INEC to, in the interim, issue him Certificate of
Return, pending the determination of the suit, a request refused by Justice
Abang. Recall that the first judge that was assigned the case, Justice Taiwo
Taiwo, withdrew from the matter following a petition that was lodged against
him by candidates of PDP and APGA, accusing him of bias. The election, result
INEC earlier declined to issue Certificate of Return to Okorocha, who was the
senatorial candidate of All Progressives Congress, APC, after the returning officer
alleged that he was forced to declare him winner under duress. The Returning
Officer for the election, Professor Francis Ibeawuchi, had declared Okorocha
the winner of the poll, having polled 97,762 votes ahead of his closest rival,
Mr Jones Onyereri of PDP, who had 68,117 votes.
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