ANALYSIS: INEC and the legality of withholding certificate of return

Mr Ogunye stated this amid the controversy surrounding the decision of INEC to withhold the certificate of return from Governor Rochas Okorocha.

INEC, which issued certificates of return to senators-elect on Thursday declined to issue Mr Okorocha with the certificate for the reason stated by the presiding officer.CAN INEC LEGALLY WITHHOLD A CERTIFICATE OF RETURN ?INEC for good cause, in our considered view, may withhold or refuse to issue a certificate of return to a candidate in an election.

A combined reading and construction of the above two cited provisions of the Electoral Act make it luminously clear that any decision of a Returning Officer on the declaration of scores of a candidate and the return of a candidate shall be final, and same shall be subject to review by a tribunal or court in an election petition proceedings.

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