Section 68 (a,b & c) of the Electoral Act ( with its amendments) provides that “ the decision of the Returning Officer on any question arising from or relating to-(a) unmarked ballot paper; (b) rejected ballot paper; and (c) 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”

Section 75(2) of the Electoral Act, 2010 (with its amendments) states that “where the Commission refuses and, 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 that court....

Kahal
Abagworo
Kyase
Midolian
Freeze
Nosryk
Skengman
Corrosiveman
Raumdeuter
Caseless

I know INEC is exercising the power it does not have. Rochas is already a senator.

Section 75(2) of the Electoral Act, 2010 (with its amendments) states that “where the Commission refuses and, 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 that court....

By virtue of the above section, Okorocha can simply apply to Imo state high court to declare him the winner based on the return earlier made by returning officer. Hopefully, he will do this some few days to the proclamation of the ninth assembly.

INEC should simply issue him his certificate of return instead of grandstanding illegally. The tribunal should be allowed to determine the legitimacy of his victory instead of trying to illegally prevent his senatorial district from senate representation.

senatordave1:
Section 68 (a,b & c) of the Electoral Act ( with its amendments) provides that “ the decision of the Returning Officer on any question arising from or relating to-(a) unmarked ballot paper; (b) rejected ballot paper; and (c) 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”

Section 75(2) of the Electoral Act, 2010 (with its amendments) states that “where the Commission refuses and, 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 that court....

Kahal
Abagworo
Kyase
Midolian
Freeze
Nosryk
Skengman
Corrosiveman
Raumdeuter
Caseless

Lzaa bia nuru akuko ifo

cc adaibeku

immhotep:

Lzaa bia nuru akuko ifo

cc adaibeku

senatordave orelii

Adaibeku:
senatordave orelii

Up okorocha

You learn everyday

Kyase:
You learn everyday

I just got wind of that provision this morning from an ait programme

senatordave1:

I just got wind of that provision this morning from an ait programme

That's cool

He still need to approach the court. Thank God this is not a Military Era ... Buhari go hard ooo.....
Okorocha too is stubborn na by force make ya in-law govern

shut up says who okorohausa must go down pigs how market

I had wanted to see Senatordave01 saying he doesn't need INEC certificate.

Lo and behold he still need to approach the court and tribunal

ANALYSIS: INEC and the legality of withholding certificate of return

A senior lawyer, Jiti Ogunye, has stated that electoral commission, INEC, has the power to withhold a certificate of return for an election under some circumstances.
Mr Ogunye stated this amid the controversy surrounding the decision of INEC to withhold the certificate of return from Governor Rochas Okorocha.

PREMIUM TIMES reported how the returning officer in Imo West stated that he was forced ‘under duress’ to declare Mr Okorocha winner of the senatorial election in the area.
INEC, which issued certificates of return to senators-elect on Thursday declined to issue Mr Okorocha with the certificate for the reason stated by the presiding officer.
Read Mr Ogunye’s legal opinion on the matter below.

CAN INEC LEGALLY WITHHOLD A CERTIFICATE OF RETURN ?
We are compelled in the circumstances to weigh in here.
INEC for good cause, in our considered view, may withhold or refuse to issue a certificate of return to a candidate in an election. Such good cause, for example, may be a post declaration awareness or a realisation that the declaration is not voluntary or made under duress, without the free exercise of the will of the returning officer, especially if the tabulated or collated votes do not support such a declaration. An illicit declaration, procured vi et armies, ought not to give birth to a legitimate return. Certifying a fraud that INEC realises and can establish as a fraud is not only irresponsible but unlawful. That will mean that INEC knowingly and willfully is certifying a fraudulent declaration or return.

Where is the law?
Section 68 (a,b & c) of the Electoral Act ( with its amendments) provides that “ the decision of the Returning Officer on any question arising from or relating to-(a) unmarked ballot paper; (b) rejected ballot paper; and (c) 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”
Section 75(2) of the Electoral Act, 2010 (with its amendments) states that “where the Commission refuses and, 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 that court.
A combined reading and construction of the above two cited provisions of the Electoral Act make it luminously clear that any decision of a Returning Officer on the declaration of scores of a candidate and the return of a candidate shall be final, and same shall be subject to review by a tribunal or court in an election petition proceedings. It is our humble submission that if a Returning Officer, upon making a declaration, takes a “decision” to report an alleged coercion and compulsion to make a declaration to INEC, that report, which is an inextricable part of result declaration, can validly lead to a decision not to issue a certificate of return to an alleged winner of the election. It is submitted that the decision not to issue a certificate of return qualifies as one of the “decision of the Returning Officer on any question arising from or relating to …..declaration of scores or return of a candidate…” within the meaning and intendment of Section 68 of the Electoral Act.

Section 75(2) is even more instructive. The subsection recognises that INEC may “refuse” or “neglect” to issue a certificate of return and that in that case, a certified true copy of an order of court shall be sufficient for the purpose of swearing in a candidate that may be declared as the winner by that court.

What this subsection implies is that upon refusal or neglect by INEC to issue a certificate of return, a court action (election petition) may be filed by a person so declared but denied a certificate of return, to seek declaratory reliefs that he is the winner who should be issued the certificate of return.

Until such an order is obtained, INEC, as the election management body, and pursuant to its statutory and administrative powers may, for good cause and compelling reasons, withhold a certificate of return.

DonroxyII:
He still need to approach the court.
Thank God this is not a Military Era ... Buhari go hard ooo.....

Okorocha too is stubborn na by force make ya in-law govern

He has done that and the court will rule in nay.infact,the pdp candidate onyereri is now raising alarm against the judge

engineerboat:
ANALYSIS: INEC and the legality of withholding certificate of return

A senior lawyer, Jiti Ogunye, has stated that electoral commission, INEC, has the power to withhold a certificate of return for an election under some circumstances.
Mr Ogunye stated this amid the controversy surrounding the decision of INEC to withhold the certificate of return from Governor Rochas Okorocha.

PREMIUM TIMES reported how the returning officer in Imo West stated that he was forced ‘under duress’ to declare Mr Okorocha winner of the senatorial election in the area.
INEC, which issued certificates of return to senators-elect on Thursday declined to issue Mr Okorocha with the certificate for the reason stated by the presiding officer.
Read Mr Ogunye’s legal opinion on the matter below.

CAN INEC LEGALLY WITHHOLD A CERTIFICATE OF RETURN ?
We are compelled in the circumstances to weigh in here.
INEC for good cause, in our considered view, may withhold or refuse to issue a certificate of return to a candidate in an election. Such good cause, for example, may be a post declaration awareness or a realisation that the declaration is not voluntary or made under duress, without the free exercise of the will of the returning officer, especially if the tabulated or collated votes do not support such a declaration. An illicit declaration, procured vi et armies, ought not to give birth to a legitimate return. Certifying a fraud that INEC realises and can establish as a fraud is not only irresponsible but unlawful. That will mean that INEC knowingly and willfully is certifying a fraudulent declaration or return.

Where is the law?
Section 68 (a,b & c) of the Electoral Act ( with its amendments) provides that “ the decision of the Returning Officer on any question arising from or relating to-(a) unmarked ballot paper; (b) rejected ballot paper; and (c) 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”
Section 75(2) of the Electoral Act, 2010 (with its amendments) states that “where the Commission refuses and, 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 that court.
A combined reading and construction of the above two cited provisions of the Electoral Act make it luminously clear that any decision of a Returning Officer on the declaration of scores of a candidate and the return of a candidate shall be final, and same shall be subject to review by a tribunal or court in an election petition proceedings. It is our humble submission that if a Returning Officer, upon making a declaration, takes a “decision” to report an alleged coercion and compulsion to make a declaration to INEC, that report, which is an inextricable part of result declaration, can validly lead to a decision not to issue a certificate of return to an alleged winner of the election. It is submitted that the decision not to issue a certificate of return qualifies as one of the “decision of the Returning Officer on any question arising from or relating to …..declaration of scores or return of a candidate…” within the meaning and intendment of Section 68 of the Electoral Act.

Section 75(2) is even more instructive. The subsection recognises that INEC may “refuse” or “neglect” to issue a certificate of return and that in that case, a certified true copy of an order of court shall be sufficient for the purpose of swearing in a candidate that may be declared as the winner by that court.

What this subsection implies is that upon refusal or neglect by INEC to issue a certificate of return, a court action (election petition) may be filed by a person so declared but denied a certificate of return, to seek declaratory reliefs that he is the winner who should be issued the certificate of return.

Until such an order is obtained, INEC, as the election management body, and pursuant to its statutory and administrative powers may, for good cause and compelling reasons, withhold a certificate of return.

You are simply reiterating my views.okorocha is in court and the course will surely make that order or order inec to give him the certificate before june.so stop wasting time on okorocha hoping that inec will perpetually not give him the certificate or cancel the polls.
After he has been sworn in,aggrieved parties can now approach the tribunal to cancel the polls lawfully

Why are you making ORO look so special. They are about three of them having such problem. Why are you concentrating on owelle. That means If i want to become a governor i should kidnap an Inec official and let him declare me. Stop promoting criminality

DonroxyII:
He still need to approach the court.
Thank God this is not a Military Era ... Buhari go hard ooo.....

Okorocha too is stubborn na by force make ya in-law govern

Inec made a mistake.immediately they decided to withhold the certificate,they should have set up a new collation panel to look at the results of all the polling units in that zone,retabulate them inorder to get the true winner which i know is still okorocha.this should have been done within 21 days.delaying unnecessarily made things for difficult for them.

CID11:
Why are you making ORO look so special. They are about three of them having such problem. Why are you concentrating on owelle. That means If i want to become a governor i should kidnap an Inec official and let him declare me. Stop promoting criminality

I don't know the other two having that same problem but the law must be followed.if it was a product of criminality,then let the tribunal decide not inec.if inec can issue ihedioha who breached the constitution a certificate,then they should give to okoro

senatordave1:

I don't know the other two having that same problem but the law must be followed.if it was a product of criminality,then let the tribunal decide not inec.if inec can issue ihedioha who breached the constitution a certificate,then they should give to okoro

Then adopt Inec chairman Mahmoud and let him declare you president elect.You see the case against ORO is a strong one

The law is clear about this.... The issue of adoption of a REC. is subject to investigation and Rochas will have to defend himself. In denying him the certificate Inec is playing judge and jury and s against the law.
When a result has been declared, only the court can upturn it. Only the court can find him guilty of abducting or coarsing a Rec to announce him which is a criminal offence. And even all this is still allegations which he can deny and will have to be proved by investigation.
Inec has no legal grounds to deny him his certificate but he can't be sworn in without a certificate of return

senatordave1:

You are simply reiterating my views.okorocha is in court and the course will surely make that order or order inec to give him the certificate before june.so stop wasting time on okorocha hoping that inec will perpetually not give him the certificate or cancel the polls.
After he has been sworn in,aggrieved parties can now approach the tribunal to cancel the polls lawfully

Which court.

Imo state high court will order INEC abeg shift.

Why was INEC withholding the return certificate

Rocha's shooting himself politically still dey shock me.

Senatordave1 never wan learn. Anybody you support loses. I am sure Rochas will pay you to stop supporting him if he finds out that you are doing that.

CID11:
Then adopt Inec chairman Mahmoud and let him declare you president elect.You see the case against ORO is a strong one

The case is weak,you and inec are just exaggerating it.it is at this point that i suspect that theres a grand level conspiracy between apc and pdp against him.he is not the only one that harassed inec officials,several others did it this past polls.infact,thane collation officer of ikwerre lg accused amaechi of same thing yet notging has been done against amaechi that has no immunity.

Secondly even if it is taken to a civil court after his tenure,he can argue that it was in self defence and in the interest of the state in his capacity as chief security officer to act and defend the votes of the orlu electorates.this is a strong point.
Therefore,we can see that rochas action was induced by the criminal intent and attempt of the returning officer to manipulate results.according to rochas,the returning officer was found with several copies of the senate results.instead of him to make a declaration,he was busy delaying for no just cause.at a point,he claimed to have misplaced the results.when this failed,he now wanted to go to owerri instead of making a declaration in orlu which is the actual place for the returns to be made.if he wanted superior clarifications,he could have called owerri or sent a subordinate there.again,based on okorocha's experiences during the imo apc congress and primaries where the nwc panels scammed and deceived him,he couldn't take any chance.

Finally,inec should do the needful before the court rules and ridicules them.let them do a re-collation or give okorocha the certificate.why punish the people of that zone because of two people? Afterall,they raised a panel to look at issues surrounding imo north senate polls,they should do same here.
No tribunal can cancel an elections based on forceful declaration since actual elections were concluded and also collation was concluded or almost concluded.only declarations were made meaning that actual results from polling units,wards and lgas were ready and unaffected by the infractions

engineerboat:


Which court.

Imo state high court will order INEC abeg shift.

Why was INEC withholding the return certificate

Guy,you are dumb.please stay off this thread.

ChristianNorth:
Senatordave1 never wan learn. Anybody you support loses. I am sure Rochas will pay you to stop supporting him if he finds out that you are doing that.

Did orji kalu lose? I thought you were intelligent or grounded in law but you are actually empty or just a pretender.you only defend cases that suits pdp.so you ignored the provisions of the electoral law and all other legal issues raised here to bring up mundane and childish issues? You are just like other hatefilled,dumb pdp fans

Babacele:
Rocha's shooting himself politically still dey shock me.

Can you look at the issues raised and leave politics

senatordave1:

The case is weak,you and inec are just exaggerating it.it is at this point that i suspect that theres a grand level conspiracy between apc and pdp against him.he is not the only one that harassed inec officials,several others did it this past polls.infact,thane collation officer of ikwerre lg accused amaechi of same thing yet notging has been done against amaechi that has no immunity.

Secondly even if it is taken to a civil court after his tenure,he can argue that it was in self defence and in the interest of the state in his capacity as chief security officer to act and defend the votes of the orlu electorates.this is a strong point.
Therefore,we can see that rochas action was induced by the criminal intent and attempt of the returning officer to manipulate results.according to rochas,the returning officer was found with several copies of the senate results.instead of him to make a declaration,he was busy delaying for no just cause.at a point,he claimed to have misplaced the results.when this failed,he now wanted to go to owerri instead of making a declaration in orlu which is the actual place for the returns to be made.if he wanted superior clarifications,he could have called owerri or sent a subordinate there.again,based on okorocha's experiences during the imo apc congress and primaries where the nwc panels scammed and deceived him,he couldn't take any chance.

Finally,inec should do the needful before the court rules and ridicules them.let them do a re-collation or give okorocha the certificate.why punish the people of that zone because of two people? Afterall,they raised a panel to look at issues surrounding imo north senate polls,they should do same here.
No tribunal can cancel an elections based on forceful declaration since actual elections were concluded and also collation was concluded or almost concluded.only declarations were made meaning that actual results from polling units,wards and lgas were ready and unaffected by the infractions

Se This criminal defending another criminal

engineerboat:


Se This criminal defending another criminal

Guy,swerve na

senatordave1:

Can you look at the issues raised and leave politics

Which issue

That a Whole Governor Kidnapped a Returning Officer with Gun and His family under attack,

Maybe you don't know.

Military were called to rescue the situation

But it's now turning bloody

The commanding officer had to advise the Ruturning officer to annoucne Okorocha but put a clause UNDER DURESS

Senatordave1 you know next to nothing on this issue.

Better not continue tonshoe forth your ignorance outside

senatordave1:

Guy,swerve na

The defending senator of criminals

A whole governor kidnapping a Returning Officer and putting his family under house arrest.

This ignoramus is telling me he can argue in court that he is protect orlu vote

When has Okoroawusa turn to security officer

senatordave1:

Did orji kalu lose? I thought you were intelligent or grounded in law but you are actually empty or just a pretender.you only defend cases that suits pdp.so you ignored the provisions of the electoral law and all other legal issues raised here to bring up mundane and childish issues? You are just like other hatefilled,dumb pdp fans

While not file a petition at tribunal, if you are so sure.

Material evidence obtained under duress is not admissible in court. INEC withhold his certificate on the ground that he was declared winner under duress.