A Federal high court in Abuja has ordered the Independent National Electoral Commission (INEC) to issue a certificate of return to Rochas Okorocha, former governor of Imo state.

Okon Abang, the presiding judge held that having been declared winner of the February 23 senatorial election in Imo west district, INEC has no reason not to issue him certificate of return.

He ruled that the decision to deprive Okorocha of the certificate falls outside the provisions of the law.

INEC had based its decision to withhold the certificate of return on the grounds that its Returning Officer who presided over the election complained to it that he declared the results under duress.

But the judge, who described INEC’s action as lawless and arbitrary, held in that Okorocha having been declared the winner of the election, INEC no longer had any legal authority to withhold the certificate of return due to him.

The judge held, “Once the declaration is made under section 68(c) of the Electoral Act, INEC has become functus officio and INEC has no lawful authority to withhold the certificate of return for any reason whatsoever.

“Therefore the issue of duress is unknown to both the Electoral Act and the Constitution.”

The court ruled that Okorocha remained elected subject to the outcome of the ongoing proceedings of the National Assembly Election Petition Tribunal.

He, therefore, ordered, “INEC shall forthwith publish and circulate the name of the plaintiff as the senator-elect representing Orlu Imo West Senatorial District.

“It is hereby ordered that INEC shall forthwith issue a certificate of return as the senator-elect representing senator-elect representing Orlu Imo West Senatorial District.”