Appeal Seeking Removal of Imo Governor Suffers Setback as S’Court Fixes December 5 for Hearing

Alex Enumah in Abuja

Hope of the Peoples Democratic Party ( PDP), the Action Peoples Party (APP) and that of the All Progressives Grand Alliance (APGA) getting Governor Hope Uzodinma of Imo State, out of office, was yesterday dashed by the Supreme Court following the non-listing of their appeals on the court’s schedule for the day.

Specifically, the appellants/applicants are asking the Supreme Court to give effect to its judgment delivered in 2019, disqualifying Uche Nwosu of the APP from the Imo governorship election on grounds of double nomination.

They argued that APC, which was held by the Supreme Court to have also nominated Nwosu could not have at the same time also nominated Uzodinma.

Recall that the Supreme Court judgment on Imo 2019 governorship election was one of the cases mentioned by retired Justice Musa Dattijo Muhammad as of public concern.

However, three years after the case was filed, the apex court on October 16, sent a notice of hearing to all parties, in the appeal marked: SC/1384/ 2019, informing them that the appeal has been listed for hearing on October 31.

The hearing which was supposed to commence Tuesday however, did not go on as earlier scheduled.

Hint that the case may not go on as planned first came up on October 21, following an alarm by a civil group, the Association for Public Policy Analysis (APPA). National President of the association,  Princewill Okorie, who had commended the apex court for fixing October 31 for the two suits, hinted of plans to shift the date.

“It is on record that there were two Supreme Court judgments of December 20, 2019 (SC/1384/ 2019) and January 14, 2020 (SC/462/2019).

“The two judgments raised fundamental issues affecting politics in Imo State and yet to be resolved by the Supreme Court in the past three years,” he said.

He then pleaded with the Chief Justice of Nigeria (CJN), Justice Olukayode Ariwoola, to jettison any pressure from any quarters that will truncate the hearing of the pending matters or delay their expeditious disposal before the November 11, governorship election in Imo State.

However, at yesterday’s proceedings, the appeal was neither on the course list nor mentioned and a Registrar told journalists that although the matter was initially listed, but was removed and would now be heard on December 5; nearly a month after the Imo governorship poll.

Meanwhile, the PDP in its application is asking the Supreme Court to return its candidate, Emeka Ihedioha, as winner of the election since APC was precluded from sponsoring two candidates in the Imo State governorship election.

The PDP application was filed on July 9, 2020, but the Supreme Court did not give the PDP a hearing date, until this week, over three years after.

Although, the Independent National Electoral Commission (INEC) 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 2020, sacked Ihedioha and declared the candidate of the APC, Uzodinma as lawful winner of the poll.

In the run-up to the 2019 Imo governorship election, the APP and its Imo State governorship candidate, Mr. Uche Nnadi and the PDP approached the Federal High Court, Abuja, seeking, amongst other reliefs, the disqualification of Nwosu from contesting the Imo State Governorship election on the ground that he (Nwosu) was nominated by two political parties – Action Alliance (AA) and 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 judgment that Nwosu was 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 the fresh appeals are asking the Supreme Court to give effect to its judgement delivered in 2019, disqualifying 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 Uzodinma, 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.