Okorocha V INEC: When The Hunter Is Hunted By Ebun-Olu Adegboruwa, Esq

The setting was the office of the Independent National Electoral
Commission (INEC) in Orlu, Imo State. The main character was
Professor Ibeabuchi Izuchukwu Innocent, of the Federal University
of Technology, Owerri, appointed by INEC as the Returning Officer
for Imo West Senatorial Zone election of February 23, 2019. The
contestants in that election were the incumbent governor, Owelle
Rochas Okoroacha, for the All Progressive Congress (APC),
Honourable Jones Onyeyiri of the People’s Democratic Party (PDP)
and Senator Osita Izunaso of the All Progressive Grand Alliance
(APGA).

The real drama started when Professor Ibeabuchi declared that he
had been detained at the collation centre for days by persons loyal
to Okorocha and he (Ibeabuchi) was only announcing the results
under duress to save his life. He said as follows:

“My area commander, my POs, the party agents here present,
members of the press, ladies and gentlemen. I have been held
hostage here for days so I’m trying to ease off and take my life
home back to my children and for the sake of that I am calling
these results under duress.”

He then proceeded to reel out the results, but after announcing
nine out of twelve local government areas that made up the zone,
Ibeabuchi paused at about 9.45pm, leaving out three LGAs of Oru
West, Ugwuta and Orlu. Professor Ibeabuchi said he had received an
urgent call from the State Resident Electoral Commissioner, Mr.
Francis Ezeonu, to return to Owerri to continue the process Monday
morning. Supporters of the candidates would have none of it until
Professor Ibeabuchi eventually announced the final results as
follows: Okorocha polled 97,762, Onyeyiri, 63,117 and Izunaso,
30,932 votes respectively. Okorocha had won, but it was a victory
that was short-lived, as his name was not listed by INEC amongst
those to receive their certificates of return.

Now back to the run up to the elections. Governor Okorocha had
fallen out with the Chairman of his party, Comrade Adams Oshiomole,
for whatever reasons. His plan to perpetuate himself in office
through his son-in-law, Mr Uche Nwosu, was firmly resisted by all
and sundry. In a twist of fate, Okorocha diverted his supporters to
Action Alliance Congress (AAC), as the new platform to actualize
his plans. It was the height of disloyalty and perfidy, for the
very chairman of APC Governors’ Forum, to be engrossed in
anti-party activities. With brazen impunity, Okorocha retained his
ticket for the Orlu Senatorial Zone on the platform of the APC. It
was thus the case of the proverbial rat eating your toes, drawing
your blood and then blowing breeze to comfort you. APC responded
very strategically and decisively, leading to the present dilemma
of Okorocha.

Notwithstanding his seeming treachery however, it is clear that
the case of Okorocha for recognition as the Senator-elect of Orlu
Senatorial Zone, cannot be faulted in law, as things stand
presently. A fact which cannot be wished away is that a declaration
has been made, announcing results of elections which showed
Okorocha as the winner thereof. INEC as an institution established
to conduct elections, has no power in law, to withhold the
certificate of return of any candidate declared as winner of any
election, no matter the circumstances. In this regard, the omission
by INEC, of the name of Okorocha, from the list of those presented
with certificates of return, is illegal and ultra vires the
electoral body. It cannot stand in law, though it may be a correct
way of paying back Okorocha and other alleged election robbers.

By virtue of section 68 (1) (c) of the Electoral Act,
2010 as amended:

“The decision of the Returning Officer on any question arising
from or relating to declaration of scores of candidates and the
return of a candidate, shall be final, subject to review by a
Tribunal or Court in an election petition proceedings under this
Act.”

In the case of Okorocha, there was a DECLARATION of his scores
in the election and he was announced and returned as elected, by
INEC. However, the Returning Officer claimed that he did the
declaration and return under duress to save his life. This is an
allegation, coming from INEC. They are facts that will aid the
Election Petitions Tribunal to take a decision on whether or not to
nullify the election, in view of the alleged violence or duress.
But INEC cannot in law raise an allegation of duress or violence
and then proceed to investigate it and then take a decision on it.
You cannot be a judge in your own cause.

Whereas I do not support that any electoral officer should be
threatened or compelled to make a declaration, but once when a
declaration has been made, it becomes final. It cannot be reviewed,
retracted, reversed or investigated by INEC. Section 68 gives that
power of review to a Tribunal or Court in an ELECTION PETITION
proceedings, not in INEC office. This is clear beyond any
controversy, from the letters of section 68 above. We cannot come
to a point where all that is needed to rob a candidate of victory
is for the returning officer to allege duress. That is not right at
all. The proper place to punish those who procure votes and
election results through violence is at the Election Petitions
Tribunal. INEC has no power under the law, to withhold or refuse to
issue a certificate of return, to a person whose scores or votes
have already been declared, even if done under duress or through
violence.

Section 75 of the Electoral Act provides as
follows:

“1. A sealed Certificate of Return at an election in a
prescribed form SHALL be issued within seven days to every
candidate who has won an election under this Act:

Provided that where the Court of Appeal or the Supreme Court,
being the final appellate court in any election petition as the
case may be, nullifies the Certificate of Return of any candidate,
the Commission shall, within forty-eight hours after the receipt of
the order of such Court, issue the successful candidate with a
valid Certificate of Return.”

From the foregoing, INEC MUST issue a certificate of return to
every candidate who has been declared to have won an election, it
has no discretion in the matter. Whether he won under duress or
with violence, is immaterial. Okorocha has been duly declared and
INEC has no choice than to issue him a certificate of return. The
facts of how he got himself declared are for the Election Petitions
Tribunal.

From the provisio to section 75 (1) above, where such
certificate of return has become a subject of litigation up to the
final court and it is nullified by the Court, then INEC will issue
a new certificate of return to the other candidate who has
succeeded in the court case, as the old certificate of return
stands nullified by the court.

Thus, it is not the candidate who has been declared in any
election that will go to court to compel INEC to issue him with a
certificate of return, but rather for the aggrieved candidate to
approach the Elections Petition Tribunal to have the certificate of
return nullified. How do we begin to ask a victor to proceed to
challenge his victory?

Section 75 (2) of the Electoral Act states that:

“Where the Commission refuses or neglects to issue a certificate
of return, a certified true copy of the order of a court of
competent jurisdiction shall, ipso facto, be sufficient for the
purpose of swearing-in a candidate declared as the winner by the
court.”

Section 75 (2) is simply meant to enforce the PROVISO to section
75 (1). It is about what happens post-litigation. It does not
confer INEC with power to withhold certificate of return for a
candidate that was originally declared winner of an election.

Reading section 75 (1) and (2) together, here is what
the law says:

1. Once a candidate’s score or election results have been
declared, INEC MUST issue him with a certificate of return.
2. Where that certificate of return has been challenged and is
nullified by the court, INEC MUST issue a new certificate of return
to the person newly declared by the court as winner of the
election.
3. If the candidate newly declared by the court is unable to get
INEC to issue him with a new certificate of return within 48 hours
of the judgment of the court, then he can rely upon a certified
true copy of the court judgment for his swearing-in, in place of
the certificate of return.

It is clear therefore that INEC has no power in law, to review
the outcome of election results or declaration of results and it
has no power to withhold certificate of return. We must be careful
not to create monsters and terrors from our institutions, where the
law has not conferred such powers. It is however instructive that
many people in Imo State and indeed all over the country feel
comforted that Okorocha has now been given the same pill that he
forced others to swallow whilst his tenure lasted. It is indeed a
case of the hunter being hunted.

Nigerian Troops Repel Terrorists Attack on Michika,
Adamawa State

Boko Haram terrorists met their Waterloo and suffered heavy
casualties evening the 19th of March 2019 when they attempted to
infiltrate Michika in Adamawa State.

At about 7.20 pm, gallant troops of 115 Task Force Battalion
deployed at Lassa in Borno State received a distress call from
vigilantes at Maikadiri village on movement of suspected Boko Haram
terrorists along Road Maikadiri – Shuwari enroute Michika.

The troops immediately organized blocking positions and swooped
on the terrorists which led to an exchange of fire. The terrorists
attempted to escape, but were intercepted and suppressed with heavy
volume of fire.

Consequently, the troops with reinforcement from 143 Battalion
Gulak engaged the terrorists on Two Front Coordinated Attacks. The
BHTs were completely routed by the troops, neutralizing many of
them, while others fled in disarray due to superior firepower.

As a result, they hastily evacuated most of their corpses under
the cover of darkness. The entire area has been dominated by own
troops and the situation is completely under control.

Items captured from the terrorists include One Ford vehicle, two
Toyota Starlet vehicles loaded with foodstuffs, one motorcycle and
one tyre inflating machine.

Further exploitation is to be conducted this morning. Calm has
since returned to the city and inhabitants of the town are hereby
enjoined to report the presence of strange faces in their
localities and go about their normal businesses.

SAGIR MUSA
Colonel
Acting Director Army Public Relations