Rochas Okorocha’s son in law, Mr. Uche Nwosu has asked the Supreme Court to declare that Imo State Governor, Senator Hope Uzodinma wasn’t the candidate of the All Progressives Congress (APC) supported the court’s judgment that Nwosu was nominated by both the APC and therefore the Action Alliance.
Nwosu made this request during a fresh suit his counsel, Mr. Philip Umeadi Jnr recently, asking the apex court to review its judgment during which he declared Uzodinma the APC candidate.
He, also, asked the court for an order enforcing or otherwise directing the enforcement and or giving effect to the judgment of the court within the case delivered on December 20, 2019, wherein the court held that he was nominated by both APC and AA and consequently declared his nomination a nullity.
However, an equivalent apex court reversed itself when it declared that Uzodinma won the Imo State governorship election under APC.
In the judgment nullifying his candidacy which he attached to the suit, Justice Amina Augie JSC made the subsequent findings: “…Apparently, in arguing as he did, the appellant doesn’t seem to understand or appreciate the intricacies of the case against him.
“The issue wasn’t whether his name was on the ballot paper, or whether he was the APC’s candidate at the overall election itself, the difficulty at stake is whether or not he knowingly allowed himself to be “nominated” as a candidate by both APC and Action Alliance…
“…The confusing part especially for lNEC, is that within two days, 3/1A/$ and 2/1U18, it received two forms CF001 signed by the appellant, as Gubernatorial candidate of two Parties – Action Alliance and APC…Form CF001 is an affidavit of private particulars of persons seeking election, which is provided by INEC for candidates to submit their details thereto, and it derives its powers from S. 31(2) of the Electoral Act…
“…The compelling a part of the story is that since nomination is complete when INEC receives the required documents from a party, its receipt of two Forms CF001, which were both sworn to by the appellant himself, results in an irresistible conclusion that he knowingly allowed himself to be nominated because the gubernatorial candidate of the 2 political parties, and by Section 37 of the Electorate Act 2010 as amended), his nomination is void.”
Based on the above findings of the Supreme Court, Nwosu is asking the court to carry that both the Action Alliance (AA) and therefore the All Progressive Congress (APC) didn’t sponsor and/or field any candidate for the governorship election held in lmo State on March 9, 2019, due to the double nomination of the Appellant/Respondent by the 2 political parties aforesaid, and his subsequent disqualification as their gubernatorial candidate, as found by this honorable court within the Judgment delivered on 20th December 2019.
He asked the court for an order sequel to the above that Senator Hope Uzodinma wasn’t a candidate by himself or of any party at the Imo State Governorship election persisted March 9, 2019.
Nwosu also asked the court for an order directing the Independent National Electoral Commission to withdraw the certificate of return issued to Senator Hope Uzodinma.
He 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, Rt. Hon. Emeka Ehedioha within the lmo state Governorship election persisted March 9. 20L9 because the duly elected governor of lmo state, having scored the second-highest number of votes within the said election sequel to the judgment of this court in Appeal No SC/1462/2019 Hope Uzodinma & Anor vs Rt. Hon Emeka Ihedioha & Or delivered on 14th January 2020.
He equally sought an order sequel to the above, directing that the said gubernatorial candidate of the 3rd Respondent/Applicant within the lmo state Governorship election persisted the 9th March 2019 Rt. Hon. Emeka lhedioha be immediately sworn in because the governor of lmo State.
He stated the grounds for the appliance this: “The court found that the Appellant/Respondent was nominated by both APC and AA as their gubernatorial candidate for the lmo 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.
“That after the said election, the governorship candidate of the 3d Respondent/Applicant Rt. Honorable Emeka lhedioha was returned by the 4th Respondent because the winners 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 the present court by one senator Hope Uzodinma who claimed to be the gubernatorial candidate of the APC.
“That this court in its judgment delivered on January 14, 2020, held that it had been the said senator Hope Uzodinma and not Rt. Honorable Emeka lhedioha scored the very best number of votes within the election and needs to be returned because the duly elected governor of lmo State.
“That by the clear terms of the judgment during this appeal, neither the AA nor the APC fielded any candidate for the lmo state governorship election persisted 9th March 2019 and intrinsically the said Uzodinma couldn’t are returned because of the winner of the lmo State Governorship election as a candidate of the APC.
“That APC couldn’t have substituted the appellant meaning to further nominate the said senator Hope Uzodinma as their candidate because that right wasn’t available to the party under the Electoral Act.
“That senator Hope Uzodinma couldn’t are a candidate within the election as an independent candidate intrinsically right isn’t available to him. That the 3rd respondent Applicant, PDP, because the main beneficiary of the judgment needs to enjoy the fruits of the said judgment.
“That Rt. Honorable Emeka lhedioha, who is that the candidate nominated by the 3rd Respondent /Applicant, and who scored the second-highest number of votes after Senator Hope Uzodinma, from the judgment of this court ought, therefore, to be issued a certificate of return by the 4th respondent and sworn in accordingly. That it’ll advance the explanation for justice to grant this application particularly as none of the parties are going to be prejudiced by its grant”