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.

“INEC has no power under the law, to withhold or refuse to issue a certificate of return, to a person whose scores or votes have already been declared, even if done under duress or through violence.

“Section 75 of the Electoral Act provides as follows:

‘A sealed Certificate of Return at an election in a prescribed form shall be issued within seven days to every candidate who has won an election under this Act: Provided that where the Court of Appeal or the Supreme Court, being 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.

“Whether he won under duress or with violence, is immaterial. Okorocha has been duly declared and INEC has no choice than to issue him a certificate of return. The facts of how he got himself declared are for the Election Petitions Tribunal.”

Adegboruwa said based on Section 75 (1), where a certificate of return has become a subject of litigation and is nullified by the court, then INEC will issue a new certificate of return to the other candidate who has succeeded in the court case, as the old certificate of return stands nullified by the court.

“Thus, it is not the candidate who has been declared in any election that will go to court to compel INEC to issue him with a certificate of return, but rather for the aggrieved candidate to approach the Elections Petition Tribunal to have the certificate of return nullified.

“Section 75 (2) of the Electoral Act: ‘ Where the Commission refuses 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 the court.’

“Section 75 (2) is simply meant to enforce the proviso to section 75 (1). It is about what happens post-litigation. It does not confer INEC with power to withhold certificate of return for a candidate that was originally declared winner of an election.

“Reading sections 75 (1) and (2) together, here is what the law says:1. Once a candidate’s score or election results have been declared, INEC must issue him with a certificate of return.

“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.

“If the candidate newly declared by the court is unable to get INEC to issue him with a new certificate of return within 48 hours of the judgment of the court, then he can rely upon a certified true copy of the court judgment for his swearing-in, in place of the certificate of return.

“It is clear that INEC has no power in law, to review the outcome of election results or declarations and it has no power to withhold certificate of return.

“We must be careful not to create monsters and terrors from our institutions, where the law has not conferred such powers on them.”


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

Oga activist charge and bail lawyer, go and sit down!

This yoruba man should go and sit down.

Anybody that understand Nigeria politics will known that some group of people ,are the one dealing with Okorocha , and their may aim is to finish him politically ,they understand if him and Amosun are in the senate they may also give the party issue .If he go to court it will take time ,the position in the house will have been taken he will just be an ordinary floor member .

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 .

Honestly,Inec is fooling itself on this issue and that of Bauchi state. whatever a returning officer has decided during or after collation result can only be overturned by the tribunal.

INEC is being... (which word will I use now?) in this Okorocha's matter.

Okorocha's ibriberism has affected INEC

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

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

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

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

That's what people who have no arguement usually say

Davash222:
Oga activist charge and bail lawyer, go and sit down!

y're u attacking d man? He said d truth. This inec under this man are crossing their boundaries

gidgiddy:


That's what people who have no arguement usually say

o boy he served u ryt. How can u think lyk dat

This learned gentleman is right.

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

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

.Be frank, you don't,and in this very case,his brilliant was exceptional.Even morally, is wrong for inec to withheld certificate of return that ougth to have issued to the winner of an election conducted,with results collated and winner anounced,where was the results anounced. Then legally,is non existence in the eyes of the law,and that was the point he was elucidating.

FearGodinall:
.Be frank, you don't,and in this very case,his brilliant was exceptional.Even morally, is wrong for inec to withheld certificate of return that ougth to have issued to the winner of an election conducted,with results collated and winner anounced,where was the results anounced. Then legally,is non existence in the eyes of the law,and that was the point he was elucidating.

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

Jorussia:
Honestly,Inec is fooling itself on this issue and that of Bauchi state. whatever a returning officer has decided during or after collation result can only be overturned by the tribunal.

That is just it.i dislike adegboruwa but he is on point.he quoted relevant sections of the law to support his claim.inec are also wrong on bauchi

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

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

Peacecore:
y're u attacking d man? He said d truth. This inec under this man are crossing their boundaries

This is the major problem i usually encourage with ignorant folks here.the man quoted directly from our laws.instead of him to countet with other laws,he is abusing him.inec has ran foul of the law several during this election cycle

gidgiddy:


That's what people who have no arguement usually say

How is he wrong ? Didnt you see the relevant sections of the electoral acts he quoted? Can you also quote any law to support inec's decision

I agree completely with the position of Adegboruwa. This current INEC is biting more than it can chew. Once a return has been made, it is only the tribunal that can reverse that decision. Withholding Okorocha’s certificate of return will only create a constitutional crisis since INEC cannot make another return for the same constituency. They should do the appropriate thing by issuing him his certificate of return and the aggrieved party can go to court.

Th front foyer of the Senate Building of the National Assembly at times looks like a mausoleum for the Dead: Nwafor Orizu, Dennis Sadebey, Ewan Emwerem, Chuba Okadigbo, Sir Maideribe, Chief Olaninwun, Abraham Adesanya...


Some of them, by fraud, obtained their membership of the House; others by violence.


Except in places like this where their names or pictures are displayed, no one remembers these men ever lived.


"..It is appointed unto men once to die, after this, the judgment".


Where will you spend eternity?


https://www.thetruechristianfaith.com/what-does-it-mean-to-be-born-again/

Okorocha should stop wasting his time, he knows the cause of his problems.
If he wants his certificate of return he should just go and beg Oshiomhole, that’s all. His problem will be over in a twinkle of an eye.

If Okorocha was a PDP member or if it was the certificate of a PDP member that was withheld the children of hate would be shouting Buhari and rule of law all day and all night.

INEC should just give it to Okorocha and then head to the tribunal make a case and win it for the real person, that is all.....

The moment they withheld the certificate, they are scuttling their chances at the tribunal, this is what INEC fails to understand...

the most funniest election in history. drama leaders,drama Inec and drama Nigerians

I don't think they are withholding the certificate of a winner, what they are saying is that he is not the winner ab initio. The announcement that was made declaring him as winner was done under duress so INEC is saying, they will only award the certificate only to when the authentic results are announced

Davash222:
Oga activist charge and bail lawyer, go and sit down!

If you don't know this guy in Nigeria legal system then you're a learner (please read about him)