Justice Okon Abang of the Federal High Court, Abuja on Friday faulted the decision of the Independent National Electoral Commission (INEC) not to issue a certificate of return to the senator-elect and former governor of Imo State, Mr. Rochas Okorocha.
The judge ruled that the decision to deprive Okorocha of the certificate was a “lawless decision.”
He held that only the returning officer of the INEC had the constitutional authority to declare a winner.
The judge 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 Okorocha had no business being the originator of the petition at the election tribunal.
Abang, who ruled that the federal high court had exclusive jurisdiction to decide on the matter, therefore ordered INEC to issue the certificate of return to Okorocha.
It would be recalled that INEC had said it refused to give Okorocha certificate of return after the returning officer for Imo West senatorial district said he was compelled to declare Okorocha winner.
With Premium Times report