The court instrument which made Hope Uzodimma the Governor of Imo State is on the verge of truncating his governorship and second term bid writes NICK NWAFOR
There is a move by Governor Hope Uzodimma of Imo State to stop the Supreme Court of Nigeria from hearing an appeal on the 2019 Imo State governorship election.
It was gathered that the embattled governor is said to be at the crossroads on how to handle the hearing of the appeal which the Supreme Court has already fixed for October 31, 2023.
The case is coming up 11 days to the governorship election which comes up on November 11, 2023.
Uzodimma who is seeking reelection on the platform of All Progressives Congress is apprehensive of the fact that in considering the ruling on the appeal which borders on the qualification of the APC to participate in the 2019 governorship poll, the apex court could reach a decision that would overturn his second term ambition as well as his governorship as it were.
The appeal which has put a spanner in the political calculations of Uzodimma is between Ugwumba Uche Nwosu, appellant, and Action Peoples Party and three others.
Signed by the Registrar of the Supreme Court, Usman B. Bature and dated October 16, 2023, it reads, “Take notice that the above appeal/motion will be listed for hearing before Supreme Court sitting at Abuja on Tuesday 31st of October 2023”.
“And further take notice that in accordance with Order 2 Rule 1 (2) of the Supreme Court Rule 1985 as amended, this NOTICE is deemed sufficiently served on you if it is left at your address of service or sent by registered post and since the date of service by post and service, the date of service by post is material, Section 25 of the interpretation Act 1954 shall apply.”
It was gathered that since the news of the appeal, the camp of the APC in Imo State has been in disarray and tongues are already wagging as to what would be the outcome of the appeal.
An informed source told The Point that the embattled governor is already pulling all political strings to make sure that the Supreme Court does not hear the case, and even if it does, it should be in his favour.
According to the source, Uzodimma has reached out to the presidency to rein the apex court in delivering judgment that could scuttle his second term ambition and even upend his governorship as it were.
The embattled governor has equally reached out to the National Chairman of the APC, Abudullahi Ganduje, to help him and help the party in the state.
Information at the disposal of The Point revealed that the embattled governor has contracted seven Senior Advocates of Nigeria to defend him and his party at the apex court.
The People’s Democratic Party’s appeal against Uzodimma was filed on July 9, 2020, but the Supreme Court did not give the PDP a hearing date, until last week, over three years after.
Although, the Independent National Electoral Commission 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 January 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, 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 and the 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 judgement 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 Uzodimma, 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, the 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.
The 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.
“An informed source told The Point that the embattled governor is already pulling all political strings to make sure that the Supreme Court does not hear the case, and even if it does, it should be in his favour”
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.
The PDP also asked the court for an order directing the Independent National Electoral Commission to withdraw the certificate of return issued to Uzodimma.
It asked the court “for an order further directing the 4th respondent to issue a certificate of return to the gubernatorial candidate of the 3rd Respondent/Applicant, Emeka Ehedioha in the Imo State Governorship election held on 9th March 2019 as the duly elected governor of Imo State, having scored the second highest number of votes in the said election sequel to the judgement of this court in Appeal No SC/1462/2019 Hope Uzodimma & Anor vs Rt. Hon Emeka Ihedioha & Others delivered on 14th January, 2020.”
The party further sought an order sequel to the above, directing that the said gubernatorial candidate of the 3rd Respondent/Applicant in the Imo State Governorship election held on the 9th March 2019, Emeka lhedioha be immediately sworn in as the governor of Imo State.
The PDP stated the grounds for the application thus, “The court found that the Appellant/Respondent was nominated by both APC and AA as their gubernatorial candidate for the Imo State governorship election and conclusively held that he was disqualified by the provisions of S. 37 of the Electoral Act (as amended), for double nomination.”
b. That after the said election, the governorship candidate of the 3d Respondent/Applicant, Emeka lhedioha, was returned by the 4th Respondent as the winner of the election and consequently sworn into office.
“That subsequently, the return of the governorship candidate of the 3rd Respondent/Applicant was challenged up to this court by one senator Hope Uzodimma who claimed to be the gubernatorial ‘candidate of the APC.’
“That the Supreme Court in its judgment delivered on January 14, 2020 held that it was the said Uzodimma and not Emeka lhedioha that scored the highest number of votes in the election and ought to be returned as the duly elected governor of Imo State.
“That by the clear terms of the judgement in this appeal, neither the AA nor the APC fielded any candidate for the Imo State governorship election held on 9th March 2019 and, as such, Uzodimma could not have been returned as the winner of the Imo State Governorship election as a candidate of the APC.
“That APC could not have substituted the appellant with a view to further nominating the said Uzodimma as their candidate because that right was not available to the party under the Electoral Act.
“That Uzodimma could not have been a candidate in the election as an independent candidate as such right is not available to him.
“That the 3rd respondent Applicant, PDP, as the main beneficiary of the judgement ought to enjoy the fruits of the said judgement.
“That Emeka lhedioha, who is the candidate nominated by the 3rd Respondent /Applicant, and who scored the second highest number of votes after Senator Hope Uzodimma, from the judgement of this court, ought therefore to be issued a certificate of return by the 4th respondent and sworn in accordingly.
“That it will advance the cause of justice to grant this application particularly as none of the parties will be prejudiced by its grant.”
CONTROVERSIAL JUDGEMENT
The Supreme Court had on January 14, 2020 upturned the election of Emeka Ihedioha as the governor of Imo State.
The apex court said Ihedioha of the PDP did not score majority of the lawful vote in the March 9, 2019 governorship election.
In his place, the apex court ordered that Hope Uzodimma, the candidate of the APC be immediately sworn in as the duly elected governor of the state.
In a landmark judgment delivered by Justice Kudirat Kekere-Ekun, the apex court agreed that results in 388 polling units were unlawfully excluded during the collation of the final governorship election result in Imo State.
Justice Kekere-Ekun said with the addition of the result from the 388 polling units, the APC governorship candidate polled majority lawful vote and ought to have been declared winner of the election by the Independent National Electoral Commission.
Consequently, Justice Kekere-Ekun in the unanimous judgment voided and set aside the unlawful declaration of lhedioha as the winner of the 2019 governorship election.
The court ordered that the certificate of return wrongly issued to lhedioha be immediately withdrawn by INEC and a fresh one issued to Uzodinma as the elected governor.
Justice Kekere-Ekun in the judgment set aside the judgment of the state elections petition tribunal and that of the Court of Appeal, both of which had refused to recognize and accept the votes of the 388 polling units as being unlawfully excluded in the general collation.
Uzodimma and APC had in their appeal pleaded with the apex court to review the judgment of the two lower courts against them and restore their victory in the March 9 governorship election.
However, the PDP said the judgment was a very sad commentary on the nation’s democratic order.
The party through its former National Publicity Secretary, Kola Ologbondiyan, said in a statement, “The party finds it difficult to understand how Senator Hope Uzodimma/APC, who came 4th in the March 9, 2019 governorship election, with just 96,458 votes, will suddenly, by the token of the judgment of the Supreme Court, defeat Governor Emeka Ihedioha/PDP that scored 276,404 votes.”
The PDP stated it was at lost and that most Nigerians do not understand the basis upon which the Supreme Court arrived at its decision.
“The party says it is lamentable that the destiny of the people of Imo State is being taken from the governor they chose and voted for and handed over to individuals and a political party that do not have their blessing and mandate and which they rejected at the election.
“The people of Imo State are now confronted with the challenge of having a government that they cannot identify with and which cannot connect with them, having not emanated from them.
“Moreover, all the gains, including the development and stability already achieved by the people-based government, under Governor Emeka Ihedioha/PDP administration in the state are now heavily jeopardised,” it said.
The results from the INEC during the election were: PDP: Emeka Ihedioha 273,404; AA: Uche Nwosu 190,364; APGA: Ifeanyi Araraume 114,676; APC: Hope Uzodinma 96,458, and YPP: Ikedi Ohakim 527.
