Justice Okon Abang of the Federal High Court on Friday ordered the Independent National Electoral Commission (INEC) to issue Rochas Okorocha, a Certificate of Return.
The Court ruled that the decision to deprive Okorocha of the certificate was a “lawless decision.”
Abang held that only the returning officer of the INEC had the constitutional authority to declare a winner.
He held that any person declared a winner by the returning officer remains a winner until petitioners succeed in upturning the declaration at the election tribunal.
The court further ruled that Mr Okorocha had no business being the originator of the petition at the election tribunal.
Justice Abang, who ruled that the federal high court had exclusive jurisdiction to decide on the matter, described INEC’s decision as “lawless and a complete nullity.”
The electoral body had said it refused to give Okorocha certificate of return after the returning officer for Imo West senatorial district said he was compelled to declare Okorocha winner.