A Federal High Court in Abuja has ordered the Independent National Electoral Commission (INEC) to issue a Certificate of Return to former Imo State governor, Rochas Okorocha.

The presiding judge, Justice Okon Abang on Friday ruled that having been declared by the Returning Officer as the winner of the February 23 senatorial election for Imo West Senatorial District, INEC has no reason not to issue Okorocha a Certificate of Return.

Justice Abang also overruled the submission by candidates of the Peoples Democratic Party (PDP), Jones Onyeriri and Osita Izunaso of the All Progressive Grand Alliance (APGA) that the matter ought to be taken to the Election Petitions Tribunal since it has become a post-election matter which therefore robs the court of jurisdiction under sections 285, 251(1) of the 1999 Constitution.

The judge held that petitions to the election tribunal under Section 133 of the Electoral Act should be made by the losers and not the person declared winner whether under duress or not.

“The reliefs sought by the plaintiff (Okorocha) does not relate to the validity of the election to warrant him filing petitions at the election tribunal.

“The tribunal has no jurisdiction to answer questions as to the validity of INEC’s action. Action of INEC not to issue certificate of return is unknown to the Constitution and the Electoral Act,” Abang ruled.