Imo State Governor, Senator Hope Uzodinma is said to have intensified moves to stop the Supreme Court from hearing an appeal on the 2019 Imo governorship election, which the apex court has already fixed for October 31, 2023, eleven days to the November 11 governorship poll.
Uzodinma is seeking re-election on the platform of the All Progressives Congress (APC). The governor’s apprehension is that in considering and 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 might upend his candidacy and do the same to his re-election bid.
The notice, which has got Uzodinma running helter-skelter, is between Ugwumba Uche Nwosu (appellant) and Action Peoples Party & 3 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 the Supreme Court of Nigeria sitting at Abuja on Tuesday, 31st of October 2023.”
It continued: “And further take notice that in accordance with Order 2, Rule 1(2) of the Supreme Court Rules 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 is material, Section25 of the Interpretation Act, 1954 shall apply.”
There are credible feelers that Governor Uzodinma has been running helter-skelter, trying to pull the necessary strings to stall the hearing of the appeal/motion by the Supreme Court.
The People’s Democratic Party (PDP) had also filed its appeal/motion on July 9, 2020, seeking the apex court to enforce its judgment that disqualified APC from the 2019 Imo governorship election.
Both the PDP and the APP had applied to the Supreme Court to give effect to its judgment, which was delivered on December 20, 2019.
The parties are worried by Governor Uzodinma’s moves to stall the hearing of the appeals/motions by the Supreme Court on October 31, 2023.
The judgment had disqualified Uche Nwosu from the Imo governorship election on the grounds of double nomination
The apex court had, in the judgment, delivered on December 20, 2019, found that Nwosu was nominated by both Action Alliance (AA) and the All Progressives Congress (APC) and consequently nullified his nomination.
A political party is not capable of sponsoring two candidates for the same office in the same election,” the Supreme Court had reasoned.
This had informed the decision of the PDP and APP to file different applications at the Supreme Court seeking that the PDP candidate, Hon. Emeka Ihedioha, be declared the winner of the election since APC was precluded from sponsoring two candidates in the Imo State governorship election.
In the application, PDP is asking the court to declare that the governor of Imo State, Hope Uzodinma was not the candidate of the APC based on the court’s judgment that Nwosu was nominated by both the APC and the Action Alliance.
PDP, which sees itself as advantageously positioned to awarded the governorship position if the court upholds its argument, asked the court for an order enforcing or otherwise directing the enforcement and or giving effect to the judgement of the court in the case delivered on the 20th December 2019 wherein the court held that Nwosu was nominated by both APC and AA and consequently declared his nomination a nullity.
Specifically, the PDP asked the Supreme Court to hold that “both the Action Alliance (AA) and the All Progressive Congress (APC) did not sponsor and/or field any candidate for the governorship election held in lmo State on 9th March, 2019 in view of the double nomination of the Appellant/Respondent by the two political parties (the PDP and APP), and his subsequent disqualification as their gubernatorial candidate, as found by this honourable court in the judgment delivered on 20th December, 2019.”
The party asked the court for an order sequel to the above that Senator Hope Uzodinma was not a candidate by himself or of any party at the Imo State Governorship election held on 9th March, 2019.
PDP also asked the court for an order directing the Independent National Electoral Commission to withdraw the certificate of return issued to Senator Hope Uzodinma.
