IF you read between the lines, the interview the Governor of Imo state, Owelle Rochas Okorocha granted some journalists last week, it reveals the innermost of a man who feels so hurt, so saddened and let down by some top officials of his own party, the All Progressives Congress (APC), and in particular, the Independent National Electoral Commission (INEC). It’s not for nothing that the governor feels so distraught. Three months have come full circle since he was declared the Senator-elect for Imo West by INEC appointed Returning Officer for that election, Prof. Innocent Ibeawuchi, in which Okorocha won resoundingly won with over 90,000 votes, defeating his closest co-contestant, Hon. Jones Onyeriri, of the Peoples Democratic Party (PDP) who scored about 63,000 votes.
However, there have been many twists and turns in this matter. The first twist in the tail came a day after he declared Okorocha the winner, the Returning officer made a volte-face, saying he made the declaration, Viet armis, that is, under duress. Nevertheless, Prof Ibeawuchi didn’t dispute the authenticity of the results from the twelve Local Government Areas that make up Imo West Senatorial district. Anyway, in spite of that, INEC still withholds Okorocha’s Certificate of Return on the basis of the allegation of duress which was neither proved nor investigated by it .
This is one of the travails Gov. Okorocha is currently facing. And which may prevent him from taking his seat when the 9th Senate is inaugurated next month. Is this a calculated conspiracy of some sort to bring down Okorocha, politically as he alleges in the interview referred to which was widely publicised in the media? Maybe, time will tell. No evil machination is beyond politics and politicians. These are some of the things Okorocha alleged in that interview. One, that APC and INEC do not want him in the Senate.
Perhaps the most regrettable and touching anecdote of his lamentations is this:”the evil I feared in PDP if I were a member of that party, has befallen me ten times in the APC”. He accused the National Chairman of the APC, Comrade Adams Oshiomhole as being part of the grand conspiracy to ruin his political career. But the decision of INEC to withhold his Certificate of Return, is a matter the court is trying to resolve, even as Okorocha maintains that the electoral umpire has refused to respond to his letter urging it to release his Certificate of return which would have given his election force of legitimacy as a Legislator-Elect.
The refusal of INEC to release Okorocha’s certificate of return has thrown many questions that should be of great concern in our democracy and put it proper perspective, the role of the umpire in our elections. Does INEC have the power to withhold a candidate’s certificate of return after having declared the result? Was the commission right to believe the allegation of the Returning officer without investigating the veracity of the accusation? Every scrap of the question you try to answer throws up yet other more astonishing questions. For instance, there are reports in the media that after making submissions to the Election Petitions Tribunal, sitting in Owerri defending the declaration of Okorocha as winner of Imo West senatorial election on February 23, that INEC has gone back to withdraw its earlier submission vide an affidavit sworn to by its Legal Department. INEC has not admitted or denied that report. Be sure of more twists emerging in this case. Meanwhile, in letter to the INEC Chairman, Prof Manhood Yakubu, last week by Citizens Advocacy for Social and Economic Rights (CASER), a Human Rights group, it urge the electoral umpire not to foist confusion on the polity or sacrifice its integrity on the “cheap altar of political expediency by withholding Okorocha’s certificate of return.
This is what the Electoral Act 2010 says concerning the grounds upon which INEC can withhold a contestant’s Certificate of Return. One of the grounds is when it’s indeed proved conclusively that the declaration of a candidate as winner was done, viet armis(under duress), or if something was substantially wrong with the voting process, or if the Tribunal declares the said election null and void. In that case, the Returning officer can either refuse to make a declaration or, having made it, withhold the certificate of Return.
Specifically, Section 75(1) of the Electoral Act says, “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 the Act. Provided 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, the commission (INEC) shall, within 48 hours after receipt of the order of such court, issue the successful candidate with a valid Certificate of Return. Also, section 75(2) says, “where the commission refuses to, 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 winner by the court”.
My opinion is that the law is on the side of Okorocha. But, this is a politically motivated case. Don’t rule anything out. Okorocha has done the right thing by going to court. He said he has also written to the INEC Chairman without getting a response. Clearly, INEC in withholding Okorocha’s certificate of return is akin to playing a judge in its own case. It raises the suspicion of partisanship against it. In that case, INEC’s role as an impartial umpire, is being brought to question. Besides, I think for whatever the Returning officer may have claimed, it can at best, remain at the face value, until a court of law says otherwise. For now, there is no watertight evidence yet to take it as true reflection of what may have transpired on the day in question that Prof Ibeawuchi claimed he was forced against his will to announce the result.
Any other interested party or person(s) could have put up similar show to achieve an agenda. Sadly, that’s what many of the so-called interested parties are doing now, asking the court to be joined. In the last two months, over five persons and parties have been given the go-ahead to be joined. The ploy here is to run out the clock in court, and perhaps delay or deny Okorocha the fruits of his victory and possibly, a seat in the Senate. Just last week, Justice Okon Abang of the Abuja Division of the Federal High Court, hearing the case, granted the application of the PDP to be joined. But , his Lordship expressed the determination of his court to deal expeditiously with the matter. He assured not to entertain frivolous applications for adjournments, especially from those seeking for extension of time with respect to procedural processes. His warning timely.
Altogether, there is a sense of urgency in this matter so that Okorocha will know his fate. It’s only proper that Justice Abang should fast track the adjudication of the suit which has suffered many setbacks already, starting from Justice Taiwo O. Taiwo who recused himself based on petition by one of the parties, of a likelihood of bias by the judge. For INEC, it should bear this in mind, that an electoral umpire’s authority is derived, not only from the legal framework that spells out its duties, but most importantly, from the public belief and confidence in its ability and commitment to be impartial and transparent in all matters pertaining to elections. Nothing less will do.