Imo State Governor Rochas Okorocha has asked a Federal High
Court in Abuja to compel the Independent National Electoral
Commission (INEC) to issue him with a certificate of return as the
Senator- elect for Imo West Senatorial District.
Okorocha was announced winner of the February 23 senatorial
election as candidate of the All Progressives Congress (APC) for
Imo West senatorial district.
The Returning Officer for the election, Prof Francis Ibeawuchi,
declared Okorocha as the winner of the poll, having polled 97,762
votes ahead of his closest rival, Jones Onyereri of the People’s
Democratic Party, who was said to have scored 68,117 votes.
INEC however declined to issue Okorocha with a certificate of
return on the grounds that the results were announced by its
official under duress.
In the suit marked FHC/ABJ/CS/296/2019, filed for Okorocha by
his lawyer, Kehinde Ogunwumiju (SAN), the plaintiff wants the court
grant an order compelling the INEC to issue him a certificate of
return as the validly elected Senator for Imo West Senatorial
District.
Okorocha, in the suit with INEC as sole defendant, argued that,
having been declared winner of the election, INEC has no power to
withhold his Certificate of return.
When the case came up on Wednesday, the court included Onyeriri
and that the candidate of the All Progressives Grand Alliance
(APGA) in the election, Senator Osita Izunaso as the second and
third defendants in the suit.
While Nwafor Orizu appeared for Senator Izunaso, Emeka Etiaba
(SAN) announced appearance for Onyeriri. Mrs. Wendy Kuku
represented INEC.
In view of the inclusion of Onyeriri and Izunaso as parties to
the suit, Justice Taiwo Taiwo directed the plaintiff to amend the
originating processes to reflect the new parties.
Justice Taiwo equally directed the defendants to file and serve
their processes within 10 days, while lawyer to the plaintiff file
and serve his response within three days.
The judge then adjourned to April 5 for the hearing of all
pending applications and the substantive suit.
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