Imo State Governor Rochas Okorocha has questioned the constitutional powers of the Independent National Electoral Commission (INEC) to seize his certificate of return.
Recall that Okorocha had contested the February senatorial poll to represent Imo West, but his victory became a controversy after the returning officer claimed to have declared the results under duress.
In his petition to the INEC on Tuesday, 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,’ Okorocha Okorocha expressed his displeasure over the development to the Chairman of the commission, Prof Mahmood Yakubu.
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Okorocha said, “Section 285(1) of the 1999 Constitution states that ‘There shall be established for the Federation one or more election tribunals 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.’
“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.’
“Where then did INEC derive the power to withhold a certificate of return after a winner in an election had been announced?”
But reacting to Okorocha’s petition. INEC Director of Publicity and Voter Education, said, “The case is in court. He is the one that took us to court. He should, therefore, wait for the court to determine the case.”
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