The Independent National Electoral Commission (INEC) on Friday urged the Federal High Court, Abuja to dismiss the suit filed by Imo Governor Rochas Okorocha challenging the commission’s refusal to issue him a certificate of return.

Okorocha is in court asking for an order, compelling the commission to issue him a certificate of return as the senator-elect for Imo West Senatorial District.

At the resumed hearing, Counsel to INEC, Mrs Wendy Kuku urged the court to dismiss the suit for being incompetent, just as the court lacked the jurisdiction to entertain the matter.

She attacked the jurisdiction of the court on grounds that being a post-election matter, it was only the National Assembly Election Petitions Tribunal that had jurisdiction to hear it.

Kuku submitted that the non-issuance of the certificate of return, which bordered on the executive and administrative act of INEC being challenged in the suit was election-related.

She argued that the cause of action, having arisen out of an election that had been conducted; the suit was not a matter within the jurisdiction of the court but that of the tribunal.

The counsel prayed the court to dismiss and or strike out the suit for lacking in merit and want of jurisdiction.

On his part, Mr N.A. Nnawuchi (SAN), Counsel to the 2nd defendant, (Jones Onyeriri), challenged the mode of the commencement of the suit.

Nnawuchi argued that commencing the suit by an originating summons, when the facts were in dispute rendered the suit incompetent.

He posited that the proper mode of bringing the action ought to have been by a writ of summons, where oral evidence could be called to resolve the dispute.

Nnawuchi urged the court to dismiss the suit or in the alternative, order pleadings where oral evidence could be called.

Earlier, Counsel to Okorocha, Mr Kehinde Ogunwumiju (SAN), in his submission, urged the court to grant the reliefs sought by his client.

Ogunwumiju argued that the issue of duress was the only defence raised by the defendants before the court and that INEC did not say anything about duress.

According to him, the 2nd to 8th defendants do not have any relationship with INEC or the returning officer to raise the issue of duress.

He submitted that the word duress was a state of mind of a person and that only a person upon whom duress was exerted could feel it.

“In this case, the returning officer alleged to have been put under duress is an agent of INEC and he has given no evidence whatsoever.

”INEC his principal has not raised any issue about duress. There is a conflict of evidence between the plaintiff and 2nd to 8th defendants.

“The law is that the court will rely on documentary evidence to resolve the issue.”

The lawyer said that the only documentary evidence before the court was the certified true copy of the police report on the collation of election result.

Ogunwumiju noted that the court would find that there was no issue of violence, threat or duress, urging the court to grant the reliefs sought by his client.

The trial Judge, Justice Okon Abang, adjourned the matter until May 20 for continuation of hearing. (NAN)

https://www.dailytrust.com.ng/inec-challenges-jurisdiction-of-court-on-okorochas-suit.html

I don't understand INEC's unnecessary drama with Rochas.

Is INEC planning on conducting a fresh election or declaring the other candidate winner or leaving that senatorial district without a Senator?

I think it's time to end this child's play.

By assumptions amd going by d mood, Okororocha wouldn't av won dt election, by INEC shit tel is wat dey plan to do

It is hard not to believe that some forces in the APC are using INEC to get back at Okorocha, to cause crisis over this election. Why INEC decided not to issue any candidate a certificate of return and never made any announcement on any next line of action or plans to re-scheldue the election until Okorocha himself took the matter to court is beyond human comprehension. You witheld certificate of return and then kept quite, was INEC trying to deny the people of the senatorial district representation in the senate?

INEC is just seeking for a way to cancel that election and conduct a fresh one

Hope they resolve it as soon as possible

.

Iberiberism

OkoroHausa, when next you're eating with the devil use a long spoon. You're just on your own right now, hopefully you can return to your only friends in Imo which are the statues which with time they'll desert u too for standing them for so long.
Iberiberism is when you think aligning with a stranger while at war with your brothers is the way. Now you're at war with both strangers and your brothers, where do u run to? Enjoy the law of Iberiberism 1:1

We know the outcome already

this okorocha matter will linger on until he is being dealt upon by the EFCC. .....he had two options to pick one from...Senate or governorship, but his greed wanted both n the trouble started....
let's forgive him n allow him into the Senate, he may be the last hope the igbos will have to get 2023

I don't care what happens to okorocha anymore. His greed brought him here. You cannot eat your cake and have it. You denied the apc candidate the opportunity of winning the governorship election but you wanna stand on same platform to secure your own election...it can't happen...efcc should be getting ready for him...while his fraudulent mandate is technically being suspended

Okorocha played himself

In as much as I despise Okorocha, he might end up victorious.

Reason: INEC refused to issue him certificate of return and have not called fresh election.

If indeed INEC believed the duress story, why not cancel the election and schedule a new one?

So in the absence of a new election, by default INEC did not believe the story of the officer under "duress".

AND, in as much as I hate to type this last sentence Oshiomole and INEC have over played thier games. Rocha's should be declared winner and handed his certificate of return.. yuck yuck.. but APC and INEC made a mess of the situation.

Inec must know that they are destroying the little that is left of their credibility by refusing to issue certificate of return to Okorocha. Its time they do the right thing.

RoyalUc:
I don't understand INEC's unnecessary drama with Rochas.

Is INEC planning on conducting a fresh election or declaring the other candidate winner or leaving that senatorial district without a Senator?

I think it's time to end this child's play.

That's why Rochas is saying that it is not ordinary.

How can this useless INEC deny Imo West senate representative because of one man?

It's either they give it to the first runner up or conduct another.

This INEC is just useless

The person that advised Rochas on his actions that led to all these really misled him

valentineuwakwe:
this okorocha matter will linger on until he is being dealt upon by the EFCC. .....he had two options to pick one from...Senate or governorship, but his greed wanted both n the trouble started....
let's forgive him n allow him into the Senate, he may be the last hope the igbos will have to get 2023

He is the only hope. That's why that are trying to end his political career. They are too scared of him, He was another Saraki in there eyes.

Okorocha, you can't represent Orlu zone.

You did 99% of your development efforts on Owerri zone.
That's what your hatred against Orlu brought you


Unless this road to Imo state University teaching hospital Orlu is rebuilt by Okorocha before May 29, no court can hear Okorocha's suit.


By the way, Okorocha never won any senatorial election.

In a possible rerun election, Rochas Okorocha can't get up to 5% of votes.

This is computer image of Prince Hotel Imo state govt led by Rochas Okorocha received approval to build in Orlu.

Foundation stone was laid in 2012 by then Speaker of IMHA, now Senator Uwajumogu.

Only the three blocks foundation is on the site today.

What happened to money budgeted for Prince Hotel, Orlu?

Rochas Okorocha and his goons must answer.

RoyalUc:
I don't understand INEC's unnecessary drama with Rochas.

Is INEC planning on conducting a fresh election or declaring the other candidate winner or leaving that senatorial district without a Senator?

I think it's time to end this child's play.

First place to go for voting and result disputes after election is the Election Petitions Tribunal.

But Gov Okorocha raced to a High Court first to pray the court to order INEC to issue Okorocha with a Certificate of Return.
Okorocha believed that his friend President Buhari would order court to order INEC to issue Certificate of Returns to Okorocha, the same manner he believed that president Buhari would enable Third term for Okorocha through his son-in-law.

Certificate of return is given to winner of election.
Okorocha didn't win election. He manipulated election results and INEC discovered it.

Imo west must have a senator in the 9th assembly. INEC must make their decisions now. We all know Okorocha lost the election. The returning officer stated that he declared the result under duress. We know that Rochas harassed him to announce him as winner otherwise he'll face the consequences of which his family was at stake.
So, there's no way Rochas will be senator. INEC should give certificate of return to Jones Onyeriri of PDP or conduct another election. If you conduct that election 10times, Jones of PDP will win it. No two ways about it.

Pls do as INEC instructed you... I want to visit Rochas in Kirikiri