Uzodinma Risks Losing Seat As Court Begins Fresh Eligibility Suit Against Him

Governor Hope Uzodinma of Imo State risks losing his seat after he was taken to court by the Reform and Advancement Party (RAP) and its 2019 governorship candidate in Imo state, Mr. Okere Kingdom over his eligibility to contest the 2019 governorship election in the state.

In a suit before the Abuja division of the Federal High Court, Okere and his party, RAP who are the plaintiffs, argued that Uzodinma was not a valid candidate of the All Progressive Congress (APC) as such could not have emerged as winner of the election.

The plaintiffs are praying the court to interpret whether the All Progressives congress (APC) actually sponsored Governor Hope Uzodinma as it’s candidate for the said election.

Specifically, they are asking the court to order the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Governor Uzodinma and to issue a fresh one to the candidate of the Peoples Democratic Party (PDP), Emeka Ihedioha as the validly elected governor of the state.

The suit is sequel to the judgment of the Supreme Court in appeal no: SC/1384/2019 which upheld the decision of both the Court of Appeal and the Federal High Court and affirmed Ugwumba Uche Nwosu as the authentic and duly elected/nominated 2019 Imo State governorship candidate of the APC.

In an originating summons dated and filed on June 25, 2020, marked FHC/ABJ/CS/677/2020, the plaintiffs want the court to determine the following prayers:

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“whether the 1st defendant (Uzodinma) lawfully participated and was sponsored by the 4th defendant (APC), to contest the 2019 Imo State governorship election in accordance with section 177 (c) of the 1999 Constitution of the Federal Republic of Nigeria; having regard to the tenor, clear and unambiguous legal implications/consequences of the judgment of the Supreme Court of Nigeria in appeal no: SC/1384/2019 which upheld the decision of both the Court of Appeal and the Federal High Court and affirmed Ugwumba Uche Nwosu as the authentic and duly elected/nominated 2019 Imo State governorship candidate of the All Progressives Congress (4th Defendant), and which decision also nullified Uche Nwosu and the 4th defendant’s participation in the 2019 Imo State Governorship election on the ground that he (Ugwumba Uche Nwosu) was nominated by both the 4th defendant and Action Alliance (5th defendant) for the same governorship election.

“Whether All Progressives Congress (4th defendant) lawfully participated and sponsored a candidate in the 2019 Imo State Governorship election, having regard to the tenor, clear and unambiguous legal implications/consequences of the judgment of the Supreme Court of Nigeria in appeal no: SC/1384/2019 which upheld the decision of both the Court of Appeal and the Federal High Court and affirmed Ugwumba Uche Nwosu as the authentic and duly elected/nominated 2019 Imo State governorship candidate of the All Progressives Congress (4th Defendant); and which decision also nullified Uche Nwosu and the 4th defendant’s participation in the 2019 Imo State Governorship election on the ground that he (Ugwumba Uche Nwosu) was nominated by both the 4th defendant and Action Alliance (5th defendant) for the same governorship election.

“Whether section 177 (c) the 1999 Constitution of the Federal Republic of Nigeria has been amended, altered or suspended to enable and allow the 1st Defendant participate in the 2019 Imo State Governorship election as an independent candidate; in view of the decision of the Supreme Court of Nigeria in SC/1384/2019 which upheld Ugwumba Uche Nwosu as duly elected and nominated 2019 Imo State governorship candidate of the 4th defendant.

In case the above questions are answered in the affirmative, the plaintiffs are among others praying the court to ” declare that Uzodinma did not lawfully participate and was not sponsored by the 4th defendant to contest the 2019 Imo State Governorship election in accordance with Section 177 (c) of the 1999 Constitution of the Federal Republic of Nigeria; having regard to the tenor, clear and unambiguous legal implications/consequences of the judgment of the Supreme Court of Nigeria in appeal no: SC/1384/2019 which upheld the decision of both the Court of Appeal and the Federal High Court and affirmed Ugwumba Uche Nwosu as the authentic and duly elected/nominated 2019 Imo State governorship candidate of the All Progressives Congress (4th Defendant); and which decision also nullified Uche Nwosu and the 4th defendant’s participation in the 2019 Imo State Governorship election on the ground that he (Ugwumba Uche Nwosu) was nominated by both the 4th defendant and Action Alliance (5th defendant) for the same governorship election.

“A declaration that the All Progressives Congress (4th defendant) did not lawfully participate and sponsor any candidate in the 2019 Imo State Governorship election; having regard to the tenor, clear and unambiguous legal implications/consequences of the judgment of the Supreme Court of Nigeria in appeal no: SC/1384/2019 which upheld the decision of both the Court of Appeal and the Federal High Court and affirmed Ugwumba Uche Nwosu as the authentic and duly elected/nominated 2019 Imo State governorship candidate of the All Progressives Congress (4th Defendant); and which decision also nullified Uche Nwosu and the 4th defendant’s participation in the 2019 Imo State Governorship election on the ground that he (Ugwumba Uche Nwosu) was nominated by both the 4th defendant and Action Alliance (5th defendant) for the same governorship election.

“A declaration that section 177 (c) the 1999 Constitution of the Federal Republic of Nigeria HAS NOT been amended, altered or suspended to enable and allow the 1st Defendant participate in the 2019 Imo State Governorship election as an independent; in view of the decision of the Supreme Court of Nigeria in SC/1384/2019 which upheld Ugwumba Uche Nwosu as duly elected and nominated 2019 Imo State governorship candidate of the 4th defendant.

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They also want an order of perpetual injunction restraining the 1st Defendant from continuous occupying, illegally acting and performing the functions of the office of the Governor of Imo State (2nd defendant) on the ground that he was not the governorship candidate of the 4th defendant and did not participate in the 2019 Imo state Governorship election, according to report.

“An order mandating and or compelling the Independent National Electoral Commission (7th defendant) to immediately withdraw the certificate of return issued to the 1st defendant and reissue same to the candidate of the 6th defendant who lawfully participated and scored the highest number of lawful votes cast in the 2019 Imo governorship election and who was sponsored by the 6th defendant in accordance with section 177 (c) of the 1999 constitution”.