Oga lawyer, anything done under duress can be declared as null and void if there is evidence.
So you want to tell me that if you kidnap an INEC official and force him to read fake results under gun point that it is admissible under the law?
Have you not heard of armed robbers forcing forcing bank managers to open a bank safe that has number locks?
What i expect INEC to do is to disqualify Rochas immediately for having broken electoral rules and organise a new election.
Then by May 29th when his immunity ends Rochas should be arrested and charged for kidnap and other related offences.
Anything short of that will be anarchy in Imo State.

That was what played out in Rivers by Wike. I was a Presiding Officer. He lost at the Tribunal and Appeal Court and mysteriously Won at the Supreme Court. I want to believed he bought his way via Mary Odili doubt the hatchet Job for PDP at the Supreme.

gidgiddy:


In other words, if I'm running for Senate in my senatorial zone and I capture the returning officer and have him announce fictitious results that makes me win, I have won the elections and others can go to court?

If this is true, then it means that in the next elections, there will widespread kidnapping of returning officers

gidgiddy:
I admire Adegboruwa, I think he is a brilliant Lawyer, but in this case he is wrong. What he is trying to say is that anybody who captures a returning officer and forces him or her to announce a result has won

that is a dangerous implication and if the tribunal or court of competent jurisdiction award the case to okorocha, then the aim of all criminal element politicians is to kidnap a collation officer, point a gun on his or her family and force him to announce the result under duress. this is a very dangerous precedent that want to come to play. An amendment of the electoral act is the best way to fight this menace.

I think he is right on this, however this might lead to a situation whereby RO are kidnapped by aspirants just to declare a predetermined result which might inturn create anarchy.
Another angle is the doctrine of necessity that is backed by law, could INEC hide under it to reverse itself (declared result) when significant infringement is noticed?
Only the court can decide that?
In my opinion, I think INEC decision is cool, politicians are so crazy in manipulating loopholes within the system. I remember that it was ballots box snatching that led to Jega introducing the inconclusive election rule, today, we no longer have widespread ballot box snatching.

muykem:
Though I want Okorocha to suffer for his uncommon pride but I find it difficult to understand INEC position. They said he was declared Winner unde duress!! Is that he didn't win the election? This needs clarification .

it meant that he was forced to announce a fake result

Anything done under duress is not legit.

Just2endowed2:


that is a dangerous implication and if the tribunal or court of competent jurisdiction award the case to okorocha, then the aim of all criminal element politicians is to kidnap a collation officer, point a gun on his or her family and force him to announce the result under duress. this is a very dangerous precedent that want to come to play. An amendment of the electoral act is the best way to fight this menace.

God bless you for your reasoning, unfortunately some kids here won't be able to comprehend

When an examiner says ,he does not pass you based on observed laxity ..who is the referee anyway ?

You got him wrong. His argument was that if truly Okorocha hoodwinked returning officer to declare him a winner, then it's for the court of competent jurisdiction to decide not INEC. Once election is announced, INEC by constitutional provisions cannot go back to reverse itself, that's the functions of the court.

gidgiddy:
I admire Adegboruwa, I think he is a brilliant Lawyer, but in this case he is wrong. What he is trying to say is that anybody who captures a returning officer and forces him or her to announce a result has won

Its common sense. What INec is doing is wrong.

Very good.. I'll be contesting for the House of Reps in 2023, I don't need votes, I just need to pay thugs, kidnap the returning officer and make him announce results I wrote in my bedroom. Gbam I Don win be dat. Make my opponent go dey run around for court. E no concern me.

Una well for this country so?

Much as any individual or group of persons may feel uncomfortable with Okorocha been issued his valid certificate of return as an elected senator of the Federal republic, I think INEC has goofed in trying to determine a matter that is purely for the law to decide. The rational thing for INEC is to charge the matter to court on the strength of the allegations of announcement under duress by their staff and let Okorocha defend himself. The court can pronounce a complete seizure or rerun

gidgiddy:
I admire Adegboruwa, I think he is a brilliant Lawyer, but in this case he is wrong. What he is trying to say is that anybody who captures a returning officer and forces him or her to announce a result has won

what about people that bribed returning officer(s) that didn't win an election but was/were declared winners., he who goes to equity must go with clean hands. this is an election I witnessed Rochas won squarely, why they are treating him this way is what I don't understand. today is Rochas turn, tomorrow maybe another person's, we have to speak the truth for the sake of posterity

Parada:
With this submission of yours I declared you are too unintelligent to be in NL

lolz

its not that OKOROHAUSA did not win the bone of contention is that the REC did not want to announce the result but he was forced to announce it...

[quote author=FrankRoosevelt post=76816230]Everybody in Nigeria was under various levels of duress, so what that man said is inconsequential. INEC should stop wasting Okorocha's time and issue him his C of R. Afterall, whether he won the election is not in contest, rather it is the situation of the announcer of the result. We heard the result under duress so INEC should issue the certificate under duress so the man can join NASS under duress[/quote
Epic

I support this man's position on this matter. INEC should give him his certificate of return, then head to court. INEC reserves the right to revoke it if it goes in their favor. There were others who did worse things to win. Some killed unarmed innocent citizens. They should release his certificate to him.

gidgiddy:


In other words, if I'm running for Senate in my senatorial zone and I capture the returning officer and have him announce fictitious results that makes me win, I have won the elections and others can go to court?

If this is true, then it means that in the next elections, there will widespread kidnapping of returning officers

Absolutely! and if APC do not want Okorocha in their party ( for some reason) which is what i suspect is the case, They are Allowed to expel him, even if he won truely. He can not force himself on APC, Even if the courts rules in his favour.

Starpro87:
I support this man's position on this matter. INEC should give him his certificate of return, then head to court. INEC reserves the right to revoke it if it goes in their favor. There were others who did worse things to win. Some killed unarmed innocent citizens. They should release his certificate to him.

That doesn't mean that APC can not Expel him still, if they are not happy with his conducts, He has to have the support of APC, If APC don't want him the certificate means nothing. He can not force himself on APC.

ojikeebere12:
Activist-lawyer Ebun-Olu Adgboruwa has said the Independent National Electoral Commission (INEC) has no power to withhold the certificate of return of an election winner.

He said there was no basis in law for INEC to review an already declared result of an election “no matter the circumstances”.

He faulted the commission for withholding the certificate of return of Imo State Governor Rochas Okorocha.

INEC said Okorocha was declared winner of a senatorial seat “under duress”.

Adegboruwa said the commission of his name from the list of those presented with certificates of return “is illegal and ultra vires the electoral body”.

He argued that based Section 68 (1) (c) of the Electoral Act 2010 (as amended), only a tribunal could overule an election.

The Section reads: “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.”

Adegboruwa said: “In the case of Governor 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 election petition proceedings. This is clear beyond any controversy, from the letters of section 68 above.

“is a 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.

“
“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.


http://thenationonlineng.net/adegboruwa-inec-cant-withhold-certificate-of-return/

The Barr might be seeking attention from Okorocha this is their season of harvest

gidgiddy:


In other words, if I'm running for Senate in my senatorial zone and I capture the returning officer and have him announce fictitious results that makes me win, I have won the elections and others can go to court?

If this is true, then it means that in the next elections, there will widespread kidnapping of returning officers

what is most important, is for inec to keep each poling unit result intact, to be presented in court.
court can determine the winner

Bobby4090:
Oga lawyer, anything done under duress can be declared as null and void if there is evidence.
So you want to tell me that if you kidnap an INEC official and force him to read fake results under gun point that it is admissible under the law?
Have you not heard of armed robbers forcing forcing bank managers to open a bank safe that has number locks?
What i expect INEC to do is to disqualify Rochas immediately for having broken electoral rules and organise a new election.
Then by May 29th when his immunity ends Rochas should be arrested and charged for kidnap and other related offences.
Anything short of that will be anarchy in Imo State.

inec can take the evidence to court, and such kidnapper can be disqualify by court, not by inec.
if the court says is good for a kidnapper to be asenator, so be it.
that is why i always said after GOD is cjn,

it was thief onnoghen led judiciary that justified Thief saraki 1tr naira undeclared offshore account.

sweerychick:
it meant that he was forced to announce a fake result

inec can take the original result to court,
only court can declare any criminal disqualified.

senatordave1:

Unfortunately,that is so.the law is superior to every other thing.only a tribunal can decide his fate not inec

so senator Dave can be this sensible for once bravo...

engrlarex:
That was what played out in Rivers by Wike. I was a Presiding Officer. He lost at the Tribunal and Appeal Court and mysteriously Won at the Supreme Court. I want to believed he bought his way via Mary Odili doubt the hatchet Job for PDP at the Supreme.

u shd be foolish for this statement was odili part of d Supreme Court justices who sat on d case...and are u even aware dat no one justice decide a case de vote...moreso, did u care to find out d details of d judgement in Supreme Court...as it is today if u are looking at elections case in Court card readers is out of it... as d law doesn't recognize it... dats d reason we need to rejig our electoral system and make inec more independent...

OGHENAOGIE:
so senator Dave can be this sensible for once bravo...

I named my pet oghenaogie

senatordave1:

I named my pet oghenaogie

senatordave1:

I named my pet oghenaogie

it's better d bush meat I usually eat is called senator Dave...

The electoral act did not imagine that a returning officer will be captured with the aid of army and police, to announce results... Only iberiberism governor will start such in Nigeria..

The kidnapper should go to court, this lawyer is looking for briefs

@nairaland
@inecnigeria
All the Ad-Hoc staff in CROSS RIVER STATE Inec hasn't pay us Governor and presidential election Money.
We have discharge our duties and as such we need our payments.
Report from Cross River State.[b][/b]

sonature1:
Okorocha's ibriberism has affected INEC

U now attribute Iberiberism - foolishness - to Rochas Okorocha.

No be u de talk for years that Okorocha's style of build only state capital while other parts of the state stagnate, is a choice of Okorocha as governor which must be left for him?

Okorocha wants to represent his Imo West constituency which he maliciously underdeveloped, destroyed govt projects in the zone because of his private business interests and ancient and modern grudges against some people in the zone. Who voted him senator?

Look at how Okorocha abandoned the road to the university teaching hospital in Orlu, the only important govt establishment in the zone.

kikake:



U now attribute Iberiberism - foolishness - to Rochas Okorocha.

No be u de talk for years that Okorocha's style of build only state capital while other parts of the state stagnate, is a choice of Okorocha as governor which must be left for him?

Okorocha wants to represent his Imo West constituency which he maliciously underdeveloped, destroyed govt projects in the zone because of his private business interests and ancient and modern grudges against some people in the zone. Who voted him senator?

Look at how Okorocha abandoned the road to the university teaching hospital in Orlu, the only important govt establishment in the zone.

To be clear, in this context, I mean that the phrase he coined.
That said, the problem I have with you and the rest of you wailing Orlu folks is that u are parochial in your criticism....it's always about Orlu.
My part of Imo State has been neglected too, but I don't come online every now and then to rant.