Rochas Okorocha’s son in law, Mr. Uche Nwosu has asked the Supreme Court to declare that Imo State Governor, Senator Hope Uzodinma was not the candidate of the All Progressives Congress (APC) based on the court’s judgment that Nwosu was nominated by both the APC and the Action Alliance.
Nwosu made this request in a fresh suit his counsel, Mr Philip Umeadi Jnr recently, asking the apex court to review its judgement in which he declared Uzodinma the APC candidate.
He, additionally, asked the court for an order implementing or in any other case directing the enforcement and or giving impact to the judgement of the courtroom in the case brought on December 20, 2019 in which the courtroom held that he become nominated via each APC and AA and therefore declared his nomination a nullity.
However, the same apex court docket reversed itself while it declared that Uzodinma gained the Imo State governorship election underneath APC.
In the judgment nullifying his candidacy which he connected to the suit, Justice Amina Augie JSC, made the subsequent findings: “…Apparently, in arguing as he did, the appellant does not appear to grasp or appreciate the intricacies of the case in opposition to him.
“The issue turned into now not whether or not his call become on the ballot paper, or whether or not he was the APC’s candidate at the general election itself, the difficulty at stake is whether or not he knowingly allowed himself to be “nominated” as a candidate through each APC and Action Alliance…
“…The complicated part especially for lNEC, is that within days, 3/1A/$ and a couple of/1U18, it received forms CF001 signed by way of the appellant, as Gubernatorial candidate of two Parties – Action Alliance and APC…Form CF001 is a sworn statement of personal particulars of humans searching for election, that is provided by means of INEC for applicants to post their details to it, and it derives its powers from S. 31(2) of the Electoral Act…
“…The compelling a part of the tale is that on account that nomination is whole when INEC receives the important files from a Political birthday celebration, its receipt of two Forms CF001, which were each sworn to by way of the appellant himself, results in an irresistible conclusion that he knowingly allowed himself to be nominated because the gubernatorial candidate of the two political parties, and by means of Section 37 of the Electorate Act 2010 as amended), his nomination is void.”
Based at the above findings of the Supreme Court, Nwosu is looking the courtroom to maintain that both the Action Alliance (AA) and the All Progressive Congress (APC) did not sponsor and/or discipline any candidate for the governorship election held in lmo State on March nine, 2019 in view of the double nomination of the Appellant/Respondent by using the two political parties aforesaid, and his subsequent disqualification as their gubernatorial candidate, as discovered by using this honourable court docket inside the Judgment delivered on 20th December, 2019.
He asked the court for an order sequel to the above that Senator Hope Uzodinma become no longer a candidate through himself or of any birthday celebration at the Imo State Governorship election hung on March 9, 2019.
Nwosu also requested the courtroom for an order directing the Independent National Electoral Commission to withdraw the certificates of go back issued to Senator Hope Uzodinma.
He requested the court “for an order further directing the 4th respondent to issue a certificate of go back to the gubernatorial candidate of the third Respondent/Applicant, Rt. Hon. Emeka Ehedioha within the lmo state Governorship election hung on March nine. 20L9 as the duly elected governor of lmo state, having scored the second highest range of votes inside the stated election sequel to the judgment of this court docket in Appeal No SC/1462/2019 Hope Uzodinma & Anor vs Rt. Hon Emeka Ihedioha & Or introduced on 14th January, 2020.
He similarly sought an order sequel to the above, directing that the said gubernatorial candidate of the third Respondent/Applicant within the lmo nation Governorship election hung on the ninth March 2019 Rt. Hon. Emeka lhedioha be without delay sworn in because the governor of lmo State.
He said the grounds for the utility this: “The court docket determined that the Appellant/Respondent turned into nominated by way of each APC and AA as their gubernatorial candidate for the lmo country governorship election and conclusively held that he was disqualified via the provisions of S. 37 of the Electoral Act (as amended), for double nomination.
“That after the stated election, the governorship candidate of the 3d Respondent/Applicant Rt. Honourable Emeka lhedioha, was again by using the 4th Respondent as the winners of the election and therefore sworn into office.
“That finally, the go back of the governorship candidate of the third Respondent/Applicant changed into challenged up to this court docket through one senator Hope Uzodinma who claimed to be the gubernatorial ‘candidate of the APC.
“That this court in its judgement introduced on January 14, 2020 held that it changed into the said senator Hope Uzodinma and now not Rt. Honourable Emeka lhedioha that scored the best quantity of votes within the election and have to be again because the duly elected governor of lmo nation.
“That with the aid of the clear terms of the judgement on this attraction, neither the AA nor the APC fielded any candidate for the lmo country governorship election held on 9th March 2019 and as such the said Uzodinma couldn't have been returned because the winner of the lmo State Governorship election as a candidate of the APC.
“That APC could not have substituted the appellant if you want to further nominating the said senator Hope Uzodinma as their candidate because that proper turned into not available to the celebration below the Electoral Act.
“That senator Hope Uzodinma couldn't were a candidate in the election as an unbiased candidate as such right is not to be had to him. That the 3rd respondent Applicant, PDP, as the primary beneficiary of the judgment should revel in the culmination of the said judgement.
“That Rt. Honourable Emeka lhedioha, who's the candidate nominated by the 3rd Respondent /Applicant, and who scored the second highest wide variety of votes after Senator Hope Uzodinma, from the judgment of this courtroom ought therefore to be issued a certificates of go back by means of the 4th respondent and sworn in thus. That it'll advance the purpose of justice to supply this utility specially as not one of the events might be prejudiced via its provide"
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