The Federal High Court, sitting in Abuja, on Thursday,
July 4, has ordered the Independent National Electoral Commission (INEC), to
issue certificate of return to Sen. Benjamin Uwajumogu as the validly elected
senator representing Imo North senatorial district. In the application filed by
Uwajumogu, for the release of his certificate of return, Justice Taiwo Taiwo
said INEC’s decision to review the outcome of the 2019 senatorial election was
in contravention of the Electoral Act, the News Agency of Nigeria (NAN)
reports. The court further held that INEC was bound by law to issue the
certificate of return based on the declaration of the returning officer who
announced Uwajumogu as the duly elected senator for Imo North senatorial
district. Counsel to Uwajumogu applauded the verdict of the court, adding that
INEC should implement the order immediately. “Based on the order, the court
said immediately; going by the provision of the electoral act, it ought to be
within seven days of the declaration of the result. But for the attitude of
INEC, now the court has said the order should be implemented immediately. “It
is another opportunity for us to be happy again that the Judiciary is standing
to what they are called to do in our democracy, this is the last hope of the
common man, and they have again decided the position of the law as it ought to
be. “We are happy about it and we believe our opponent will be happy about it
because it is about the development of our law,” he added. The court had on
April 9, 20l9, ordered INEC to stay all further proceedings and actions
connected with the declaration of Imo North senatorial district election
results of Feb. 23 and March 9, 2019, pending the determination of the
application for prohibition. INEC had conducted an investigation into
allegations of misconduct that played out in the election. Meanwhile, Legit.ng
previously reported that INEC raised concerns over the Federal High Court's
judgement which ordered it to issue certificate of return to Rochas Okorocha as
elected senator to represent Imo West. The electoral commission had refused to
issue the certificate to Okorocha who was declared winner of the poll after the
returning officer reported that he declared the former Imo state governor
winner under duress. It, however, rescinded its decision after the court order
and issued Okorocha his return certificate. Nevertheless, INEC said it has
reservations over the court judgement.
Read more:
https://www.legit.ng/1247061-court-orders-inec-issue-certificate-return-benjamin-uwajumogu.html
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