Imo State: Fresh legal moves to sack Uzodinma as Imo Governor commences in Abuja

By GODWIN TSA, Abuja

Fresh legal moves to remove Governor Hope Uzodinma of Imo State have commenced before the Abuja division of the Federal High Court.

In the fresh suit, the Reform and Advancement Party (RAP) and its 2019 governorship candidate in Imo state, Mr. Okere Kingdom has approached the Abuja division of the Federal High court for a judicial interpretation on whether the All Progressives congress (APC) actually sponsored Governor Hope Uzodinma as its candidate for the said election.

The plaintiffs are specifically 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 predicted against the backdrop of 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  formulated the following questions for determination, “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.

The plaintiffs wants 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.

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. (Daily Sun)