Supreme Court Shifts Appeal Seeking To Remove Uzodimma
The Supreme Court has again postponed till December 5, hearing of applications filed three years ago by the Peoples Democratic Party( PDP) and the Action People’s Party (APP) seeking to nullify the eligibility of the All Progressives Congress (APC) in the 2019 governorship election in Imo State and to remove Hope Uzodimma as governor.
The applicants are asking the Supreme Court to give effect to its judgment delivered in 2019, disqualifying Uche Nwosu of the APP from the Imo governorship election on grounds of double nomination.
They argued that APC, which was held by the Supreme Court to have also nominated Nwosu could not have at the same time also nominated Uzodimma.
PDP is also asking the Supreme Court to return its candidate, Emeka Ihedioha, as the winner of the election since APC was precluded from sponsoring two candidates in the Imo State governorship election.
The Supreme Court judgment on Imo 2019 governorship election is one of the cases mentioned by retired Justice Musa Dattijo Muhammad as of public concern.
The PDP application was filed on July 9, 2020, but the Supreme Court did not give the PDP a hearing date, until this week, over three years after.
Although, the Independent National Electoral Commission (INEC) had declared the candidate of the PDP, Emeka Ihedioha winner of the 2019 governorship election in Imo State, the apex court, however, in a judgement in 2020, sacked Ihedioha and declared the candidate of the APC, Hope Uzodimma as lawful winner of the poll.
In the run up to the 2019 Imo governorship election, the APP and its Imo State Governorship candidate, Mr. Uche Nnadi and the PDP approached the Federal High Court, Abuja, seeking, amongst other reliefs, the disqualification of Ugwumba Uche Nwosu from contesting the Imo State Governorship election on the ground that he (Nwosu) was nominated by two political parties – Action Alliance (AA) and APC contrary to Section 37 of the Electoral Act 2010 (as amended) which forbids double-nomination.
The PDP and APP won at the High court and Appeal court levels. The apex court concurred in a December 2019 judgement that Nwosu is guilty of double nominations under the platform of two political parties – the APC and AA – a decision which led to the instant appeals.
Specifically, both the PDP and APP in these fresh appeals are asking the Supreme Court to give effect to its judgment delivered in 2019, disqualifying Uche Nwosu from the Imo governorship election on the grounds of double nomination.
The grouse is predicated on the grounds that APC cannot have the governorship in person of Uzodinma, when the court had already voided the candidacy of Nwosu, who was nominated by the APC for the said 2019 governorship poll.
On its part, the PDP is asking the Supreme Court to return its candidate, Ihedioha as winner of the election since APC was precluded from sponsoring two candidates in the Imo State governorship election.
In an affidavit filed in support of the application which was deposed to by a legal practitioner, Adedamola Farokun, working in the Legal Department of the PDP, he averred thus: “The third Respondent/Applicant (PDP) is neither in any way seeking a review of the valid, subsisting and well considered judgement of this court delivered in this appeal in 2019, nor seeking a review of the judgement of this court delivered on January 14, 2020 in SC/462/2019 but humbly seeking that this court give effect to its judgement delivered on December 20, 2019.
“That this court has the constitutional, inherent powers and jurisdiction to grant the reliefs sought and give effects to its judgement. “That it is in the interest of justice for this court to exercise its wide discretionary powers in favour of granting this application as prayed.”
The deponent, Farokun, averred that Uzodimma was not the candidate of the APC based on the court’s judgement that Nwosu was nominated by both the APC and the Action Alliance. He urged the apex court to so hold.
Besides, PDP is also asking the court for an order enforcing or otherwise directing the enforcement and or giving effect to the judgement of the court, wherein the court held that Nwosu was nominated by both APC and AA and consequently declared his nomination a nullity.
PDP is asking of the Supreme Court to hold that “both the AA and APC did not sponsor and/or field any candidate for the governorship election held in Imo State on March 9, 2019 in view of the double nomination of the Appellant/Respondent by the two political parties aforesaid, and his subsequent disqualification as their gubernatorial candidate, as found by this honourable court in its judgement.
The party asked the court for an order sequel to the above that Uzodimma was not a candidate by himself or of any party at the Imo State Governorship election held on March 9, 2019.
