An apparently displeased Independent National Electoral Commission (INEC) on Tuesday announced that it had complied with a court judgement which ordered it to issue a Certificate of Return to Imo West Senator-elect, Rochas Okorocha, but raised concerns about the possible resort by partisans to the Machiavellian principle of the end justifying the means.
The Commission however said it would appeal the court judgement as there could be dire consequences for Nigeria’s democracy if left unchallenged.
After hours of meeting to deliberate on the court judgement, INEC National Commissioner in charge of Information and Voter Education, Barr. Festus Okoye, expressed fears that in future, politicians could employ unconventional tactics to get Returning Officers to return them elected with the hope that such declarations are cast in stone.
He said; “The Commission must put on record its very profound concerns about the likely consequences of this judgement for our electoral process in particular and our democracy in general.
“Obviously, persons who seek elective offices could perceive in this judgement an irrelevance of due process and acting within the law. It is not far-fetched that some of them could in future disregard laid down processes, including voting, arm themselves and mobilize thugs and compel Returning Officers to declare them elected, irrespective of the true outcomes of elections.
“Moreover, it may become increasingly difficult for the Commission to convince its officials that they are safe to carry out their legitimate functions without fear of being harassed, held to ransom or visited with bodily harm”, the Commission lamented.
INEC had met on Tuesday and considered 14 memoranda involving Judgements and Orders in pre-election matters relating to the issuance of Certificates and or withdrawal of Certificates already issued in pre-election matters.
Among the Memoranda considered was that concerning the judgement on the lmo West Senatorial District by the Federal High Court, Abuja.
Okoye said the Commission decided to “comply with the Court judgement by issuing a Certificate of Return to the Plaintiff, Rochas Anayo Ethelbert Okorocha, in compliance with the judgement and Orders of Hon. Justice O.E. Abang”.
He added that INEC will “appeal against the said judgement”, saying “in arriving at this decision, the Commission also took into consideration the Orders issued by two High Courts in the Owerri Judicial Division in Suits No. HOW/S96/2019 issued on the 23rd day of May 2019 and another dated the 11th June, 2019 issued in Suit No. HOW/663/2019 restraining the Commission from issuing Certificate of Return in respect of the said Senatorial District. It is noted that both are interim orders issued Ex Parte and not final orders of Court.
“In obeying the judgement, the Commission is demonstrating once again its longstanding commitment of complying with all orders of court, including those with which it may have reservations.
“However, the Commission would like to seize this opportunity to restate its commitment to due process and obedience to the Rule of Law in its dealings with all parties and candidates. We assure Nigerians that we will not waiver in our determination to enthrone a credible electoral process in Nigeria”, the statement added.
Below is the statement from INEC:
