$type=ticker$count=12$cols=4$cate=0

Certificate of return: INEC erred in law – Okorocha

Imo State governor and Imo West senatorial candidate of the All Progressives Congress in the last National Assembly elections, Owelle Rochas...





Imo State governor and Imo West senatorial candidate of the All Progressives Congress in the last National Assembly elections, Owelle Rochas Okorocha, has said that the Independent National Electoral Commission (INEC) erred in law by its decision to withhold his certificate of return after he had been declared the winner of the Imo West senatorial election.


According to him, no part of the 1999 Constitution or the Electoral Act 2010 as amended conferred such powers on INEC.


This was contained in a petition filed at the commission by Okorocha on Tuesday.


The petition titled “Need to Avert Abuse of Office and Political Corruption by my Political Opponents with the Active Collaboration of INEC’s Leadership in Clear Violation of the Law” was addressed to the INEC chairman, Professor Mahmood Yakubu.



INEC had refused to issue a certificate of return to Okorocha despite being announced the winner of the election because the Returning Officer for the election, Professor Francis Ibeawuchi, said the declaration of Okorocha as the winner of the election was made under duress.


But according to the governor, going by the laws governing elections in the country, since the election had been concluded and a winner announced, INEC had no right not to issue him a certificate of return.


He added that if there were issues with the election after the announcement of a winner, recourse ought to be made to election tribunals.


According to him Section 285 (1) of the 1999 Constitution, states that, “There shall be established for the Federation one or more elections tribunal to be known as the National Assembly Elections Tribunal which shall, to the exclusion of any court or tribunal, have original jurisdiction to hear and determine petitions as to whether (a) any person has been validly elected as a member of the National Assembly.”


He also pointed out that Section 133 of the Electoral Act 2010 (as amended) provides that “No election and return at an election under this Act shall be questioned in a manner other than by a petition complaining of an undue election or an undue return presented to the competent tribunal or court in accordance with the provisions of the Constitution or of this Act, and in which the person elected or returned is joined as a party.”


Okorocha then asked where INEC derived the power to withhold certificate of return after a winner in an election had been announced.


The Imo State governor stressed that by toeing this line, INEC “is setting a bad precedent which could make it to deny anyone it does not approve of electoral victory even when such person is the preference of the voting public.”


Arguing that the step taken by INEC is not known to law, Okorocha advised the commission to seek redress in the law court rather than taking laws into its own hands.


Okorocha also stated that INEC, in its counter-affidavit to the suit he filed at the Federal High Court to compel it to issue him his certificate of return, did not mention any allegation to the fact that his declaration was made under duress.


According to him, “In the replies filed by INEC to the petitions filed against me by Osita Izuanso, Jones Onyeyeri, Peoples Democratic Party and Uche Onyeoma Ibeh at the Election Tribunal in Owerri, INEC actually stated that my election was duly conducted and that the declaration and return made in my favour by the Returning Officer was voluntary and not due to any duress or coercion exerted on the Returning Officer.”


While urging the commission to release his certificate of return to him, Okorocha counselled INEC leadership to refrain from reducing the commission to a willing tool in the hands of political manipulators, advising the chairman and national commissioners to preserve the sanctity of the commission as a way of strengthening the nation’s democratic process.


COMMENTS

BLOGGER

/fa-clock-o/ WEEK TRENDING$type=list

Name

#bbnaija,2,2019,1,2019 elections,3,2face idibia,7,About Us,1,accident,21,Action,1,Adeboye,1,Africa,21,africa news,37,Africam News,1,African Beauty,12,African history,1,african news,5,African Students,2,africatourism,1,Agriculture,17,Almajiri,1,ambode,24,Android,3,Animals,1,anthony joshua,3,APC,30,Apostle Johnson Suleiman,7,Apostle Suleiman,1,Apple,1,Arsenal FC,3,Art,1,article,7,Articles,1,Arts and Culture,4,Assurance Davido,1,ASUU,7,autos,1,Award,31,Ayo Fayose,4,Ayodele Fayose,1,bangladesh,1,barcelona fc,14,basketball,1,bb naija,1,bbcyoruba,1,BBnaija,41,BEAUTY,24,bet awards,1,Beuty,1,beyonce mass,1,biafra,28,Bitcoin,1,Black Panther,3,Blackberry updates,3,Blackpanther,1,blog,2,Blogger,53,Bloggers Hit,22,Blogging,1,bobrisky,1,Boko Haram,86,Boko Haram Crisis,32,Boko-haram,19,Boko-Haran,1,BOKOHARAM,8,Bolo Haram Crisis,5,Bovi,1,boxer,6,boxing,1,Brain Teazer,1,Breaking,134,Breaking News,1620,Breakinh,1,Brealing,1,BREXIT,2,Bruno Mars,1,budget,8,Buhari,196,Buratai,1,bursaries,2,BUSINESS,171,Business Breaking,1,CAC church,1,Calabar,1,cambridge exams,3,CAN,2,Cancet,1,career,4,Cars,1,Ceelebrities,1,Celebrities,636,Celebrity,11,Celebs,10,Celerities,8,chamions league,8,champion's league,28,Champions league,2,Champions' League,1,CHEATS,27,chelsea fc,85,chemistry,1,chibok girls,3,Chioma,1,christiano Ronaldo,43,Comedy,10,Commonwealth,2,Corruption,5,Court,1,Crime,108,Crisis,134,Crisis in Nigeria,57,Culture,1,daddy freeze,1,daily devotion,1,dangote,7,Dansuki,4,Dapchi Girls,1,dapchigirls,1,Dasuki,3,Davido,40,Dbanj,1,Diezani Alison Madueke,1,dino melaye,7,disaster,4,diy,8,dk odukoya,2,DK Olukoya,1,dollar,1,Don Jazzy,1,Donald Trump,82,drug abuse,1,Drugs,7,Earth Science,6,earthquake,1,Easter,3,ecowas,4,Education,281,EFCC,96,Eid-El-Kabir,6,Ekiti,2,ekiti decides,27,Ekiti Elections,2,Ekiti States,1,el rufai,1,ELECTION,51,Election 2019,1,emenuella,1,Emir Kano,4,Employment opportunities,3,En Son Dakika haberleri,1,enter,1,Entertainement,1,Entertainment,1084,Entertainment Latest News,1,Entertainments,3,Entetainment,2,environment,1,EpicGames,2,epl,5,Ese,1,Essay Competitions,1,EU,1,euro2024,1,Europeaun Commission,1,evans,1,event,4,Events,11,Facebook,7,FACEBOOK TRICKS,5,facebook update,28,fani Kayode,3,Fashion,46,father's day,1,Fayose,5,featured,2,federal government,83,Fellowships,1,femi adesina,1,FG,1,fight,1,finance,74,Finances,1,fitness,3,flavour,1,flood,1,Folorunsho Alakija,1,football,306,football Europa League,1,Foreign,156,Fraud,39,Fuel Scarcity,13,fulani herdsmen,23,Funny,48,FUTURE TECH,16,game,3,gay pastor,2,Ghana,1,gist,69,goo,1,Goodluck Jonathan,1,Google,13,google i/o 2018,1,Google9ja,44,google9ja news,2876,gossip,28,Gov. Amosun,1,Gov. Fayose,28,graduate jobs,1,Graduates,2,Grammy Award,2,Guinness Book Of Record,1,hack,1,HACKERS,6,hajj,1,Headlines,1,Health,134,healthy food,1,Healthy Living,23,hemp,1,herdsmen,5,Hilarious,2,Hip hop,2,history,1,holiday,1,house of reps,2,How to Create a website,1,hushpuppi,1,Ibadan,3,independence,7,INEC,8,inspirational,6,International,1,International Scholarships,3,internet,7,interns,1,Internships,6,interview,2,interviews,1,Investment,1,Investor,1,iphone,17,iphones,2,ipob,1,IS,1,isis,1,israel,2,Israel Palestine crisis,1,JAMB,3,jenifa,8,Jerusalem,2,jibrin,1,Jobs,68,John Terry,1,Jokes,1,Jonathan,1,Jose mourinho,13,justin Timbalake,1,kaduna,20,Kanu Nwakwo,1,Kanye west,1,Kardashian,1,kardashians,1,Kardeshian,1,Kardeshians,1,kelvin hart,1,kelvinhart,1,Kemi olunloyo,1,kidnap,21,kim kardashians,9,kingship,7,Lagos,5,lagos state,49,Lagos train project,1,lai mohammed,3,Lassa Fever,3,Lastest News,2,lat,1,Latest News,971,latest Nigerian jobs,1,Latests News,1,lawyers,3,Leadership,1,league,2,Life,2,Life style,96,Lifestyle,35,Lifstyle,1,Linda versus Wizkid,1,Linda vrs Wizkid,1,Linda vrs Wizzy,1,Live Update,1,Live Updates,5,lol,13,London,1,Love,18,Manchester United,28,market place,2,Masters Scholarships,1,mbaka,1,mecca,1,mercy Aigbe,3,Mercy Johnson,1,messi,26,mfm prayer points,8,MFM Prayers,14,MFM Sermons,2,mimiko,1,minimum wage,1,miracle prayers,12,MKO Abiola,2,MMM,3,Mobile Phone,1,Model,1,Model United Nations,2,moji olaiya,1,Money,1,monkeys,1,motivation,4,Movie,52,Movies,3,MTN,1,MTN NIGERIA,10,mugabe,1,MUNPlanet,2,Music,130,NAFDAC,1,Naija,2597,Naija News,1,Naija Entertainment,1,Naija New,4,Naija Newa,1,naija news,1170,naira,1,Naira devaluation,3,Naira evaluation,2,nano technology,1,NBA,3,ncc,1,NCCF,1,new,5,New music,20,New Nigeria,2,News,3801,News Nigeria,34,NewsMusic,1,newspapers,4,Niageria,1,Nicki Minaj,1,Niger Delta Avengers,37,Nigeria,17,Nigeria Air,1,Nigeria Latest News,3,nigerian,21,Nigerian Breaking News,551,Nigerian history,3,Nigerian Jobs,1,Nigerian Latest New,1,Nigerian Latest News,1223,Nigerian Latest News online,2638,Nigerian Music Entertainment,1,Nigerian Newpapers,1,Nigerian News,5,Nigerian Newspaper,3,Nigerian Newspapers,1,Nigerian police apptitude test,5,Nigerian politics,183,nigerian senate house,13,Nigerian Students,2,Nigerian Super Eagles,29,Nigerians in south-Africa,3,Nih,1,nlc,1,NLC updates,2,nnamdi kanu,8,NNPC,22,Nollyhood,17,Nollywood,3,NOUN,1,NY crash,1,NYSC,19,NYSC updates,15,Obadanjo,1,Obama,5,Obasanjo,20,October 1st,3,OculusRift,1,oil and gas,1,Olamide,3,Olamide baddo,1,Olusegun Obasanjo,1,omg,2,ondo state,3,ONLINE BIZ,5,Online money,1,only in Nigeria,320,Ooni of Ife,6,ooni-ife,1,opinion,1,Orphans,1,orubebe,1,Osinbajo,2,Osun decides,10,oyo state,8,palestine,1,Pastor E. A Adeboye,1,pastor E.A Adeboye,7,pastor T.B joshua,3,paul pogba,1,PDP,4,phon,1,Phones,35,POLITICS,1790,POLİTİCS,1,POLOTICS,2,Postgraduate,1,power,1,Power holding,10,prayer,16,prayer points,5,Prayers,3,premier League,79,president,1,Products,1,proud marry,1,Public hearing,1,quiz,1,quotes,4,rat,1,RCCG,2,recruitment,4,Relationship,29,Relationships,130,Religion,112,Reviews,1,Rihana,2,rio olympics,7,ronaldinho,2,Russia 2018,17,russia2018,4,Samsung galaxy s6,1,Samsung updates,3,Sanusi Lamido Sanusi,1,Saraki,1,Satanists,1,Saudi Arabia,1,Schilarships,1,Scholarahips,1,Scholarships,116,Scholarships 2018,1,Scholarships for Aricans,1,science,6,Security,74,Senate,2,sex doll,1,Shekau,1,shiites,1,short girls,1,short people,1,smart phones,23,smartphones,2,snake,1,socal media,1,soccer,2,social,47,Social media,1,South Africa,1,spanish league,17,Sport,17,Sporta,2,Sports,820,stolen mace,1,stolenmace,1,Stories,56,Story,1,Strategy,1,student internships,2,STUDY ABROAD,101,Style,3,Success tips,1,Sudan,1,Super Eagles,2,Tech,29,Tech matters,156,Tech News,1,Technology,1,Techs,2,Telecommunication,11,Telecommunications,1,tennis,1,terrorism,1,Test your brain,1,therock,1,TimSweeney,1,tithe,1,tompolo,1,tonto dike,3,Traineeships,1,Travel,7,Trump,3,Turkey,2,Turkieh embassy,1,turkish visa,1,Twitter,2,twitter attacks,14,uganda,1,UK,1,UK News,1,Uncategorized,4,Undergraduate Scholarships,1,Underprivileged Students,1,unemployment,6,United Kingdom,2,Updates,1,US,110,USA,1,usain bolt,1,Useful Hacks,1,UTME,3,vacancy,2,valentine,1,valentine'sday,1,Video,1,Videos,10,viral,1,virallink,4,VirtualReality,2,VISION 2020,7,vr,1,Weird,3,WEIRD NEWS,643,WEİRD NEWS,1,WEIRS NEWS,1,Whatsapp update,2,windows,1,Wired news,2,wizkid,22,wizkid in california,1,world,324,World cup,7,World News,28,World Record,2,World's statistics,1,Yahoo Tech,1,Yaya Toure,1,yemi osinbajo,21,Yobe Girls,1,Yola Girls,1,Yoruba News,1,Youth,7,Youth Opportunities,2,zimbabwe,1,
ltr
item
Google9ja | Entertainment | Nigerian Latest News online: Certificate of return: INEC erred in law – Okorocha
Certificate of return: INEC erred in law – Okorocha
https://3.bp.blogspot.com/-RJ3Gb1oFA-Y/XMmVw0US7UI/AAAAAAAAG7w/8mCWakxzta8NFPm_tQSqqoaTzrH-gYx0wCLcBGAs/s320/Rochas-Okorocha-750x430.png
https://3.bp.blogspot.com/-RJ3Gb1oFA-Y/XMmVw0US7UI/AAAAAAAAG7w/8mCWakxzta8NFPm_tQSqqoaTzrH-gYx0wCLcBGAs/s72-c/Rochas-Okorocha-750x430.png
Google9ja | Entertainment | Nigerian Latest News online
https://www.google9ja.com/2019/05/certificate-of-return-inec-erred-in-law.html
https://www.google9ja.com/
https://www.google9ja.com/
https://www.google9ja.com/2019/05/certificate-of-return-inec-erred-in-law.html
true
8173235409350904551
UTF-8
Loaded All Posts Not found any posts VIEW ALL Readmore Reply Cancel reply Delete By Home PAGES POSTS View All RECOMMENDED FOR YOU LABEL ARCHIVE SEARCH ALL POSTS Not found any post match with your request Back Home Sunday Monday Tuesday Wednesday Thursday Friday Saturday Sun Mon Tue Wed Thu Fri Sat January February March April May June July August September October November December Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec just now 1 minute ago $$1$$ minutes ago 1 hour ago $$1$$ hours ago Yesterday $$1$$ days ago $$1$$ weeks ago more than 5 weeks ago Followers Follow THIS PREMIUM CONTENT IS LOCKED STEP 1: Share to a social network STEP 2: Click the link on your social network Copy All Code Select All Code All codes were copied to your clipboard Can not copy the codes / texts, please press [CTRL]+[C] (or CMD+C with Mac) to copy Table of Content