Supreme Court Upholds Governor Hope Uzodinma’s Tenure, Dismisses Application for Removal

By | December 5, 2023

Supreme Court Dismisses Application to Sack Imo State Governor, Hope Uzodinma

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The Supreme Court, on Tuesday, declined to sack Governor Hope Uzodinma of Imo State from office.

A seven-man panel of the court, led by Justice Inyang Okoro, dismissed an application that sought to remove Uzodinma from office on the premise that he was not validly nominated by the All Progressives Congress, APC, to contest the election that led to his first tenure in 2019.

The application further sought to invalidate the years that Uzodinma spent in office as the governor of Imo State.

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Though the appeal was initially brought before the apex court by Mr. Uche Nwosu, who was the governorship candidate of the Action Alliance, AA, in the 2019 election, the Peoples Democratic Party, PDP, and its own candidate, Emeka Ihedioha, who won the said contest, applied to be joined as interested parties in the matter.

Specifically, the PDP and Ihedioha prayed the Supreme Court to give effect to its 2019 verdict that disqualified Nwosu on the ground that he was nominated by both the AA and the All Progressives Congress, APC, to contest the election.

The appellants argued that if the apex court recognised Nwosu as a candidate of the APC, there was no legal basis for its subsequent judgement that sacked Ihedioha and declared Uzodinma, who was also sponsored by the same APC, as the valid winner of the governorship poll.

Consequently, the PDP urged the apex court to restore its candidate, Ihedioha, back to office since the APC was precluded from sponsoring two candidates in the election.

In an affidavit it filed in support of the application, which was deposed to by a legal practitioner, Adedamola Farokun, PDP, averred: “The third respondent/applicant (PDP) is neither in any way seeking a review of the valid, subsisting, and well considered judgement of this court delivered in this appeal in 2019, nor seeking a review of the judgement of this court delivered on January 14, 2020 in SC/462/2019, but humbly seeking that this court give effect to its judgement delivered on December 20, 2019.

“That this court has the constitutional, inherent powers, and jurisdiction to grant the reliefs sought and give effect to its judgement.

“That it is in the interest of justice for this court to exercise its wide discretionary powers in favour of granting this application as prayed.”

The Supreme Court in their pocket
The deponent, Farokun, averred that Uzodinma was not the candidate of the APC based on the court’s judgement that Nwosu was nominated by both the APC and the AA.

The PDP urged the Supreme Court to hold that “both the AA and APC did not sponsor and/or field any candidate for the governorship election held in Imo State on March 9, 2019 in view of the double nomination of the appellant/respondent by the two political parties aforesaid and his subsequent disqualification as their gubernatorial candidate, as found by this honourable court in its judgement.”

It argued that, in view of the fact that Governor Uzodinma did not contest the election as an independent candidate, there was no legal basis for him to be recognized as the validly elected governor of Imo State.

The applicants contended that there was no basis for the recent election that was held in the state on November 11, since Ihedioha had yet to conclude his tenure.

However, when the matter came up on Tuesday, the apex court held that it had no jurisdiction to entertain the appeal, which it described as frivolous and highly vexatious.

The apex court proceeded to award a personal cost of N40 million against Chief Mike Ozehkome, SAN, who represented the PDP and Ihedioha in the matter.

Remarkably, the case, which stayed over three years in the docket of the apex court, was initially fixed for hearing in October but was later deferred until after the recent governorship poll in the state that led to Uzodinma’s re-election.


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Supreme Court Upholds Governor Hope Uzodinma’s Tenure in Imo State

In a recent ruling, the Supreme Court of Nigeria declined to remove Governor Hope Uzodinma from office. The court dismissed an application that sought to invalidate his tenure on the grounds that he was not validly nominated by the All Progressives Congress (APC) for the 2019 election.

The application was initially brought before the apex court by Uche Nwosu, the governorship candidate of the Action Alliance (AA) in the 2019 election. However, the Peoples Democratic Party (PDP) and its candidate, Emeka Ihedioha, who won the election, also applied to be joined as interested parties in the matter.

The PDP and Ihedioha argued that if the court recognized Nwosu as a candidate of the APC, there was no legal basis for its subsequent judgment that declared Uzodinma as the valid winner of the governorship poll. They urged the court to restore Ihedioha to office since the APC was precluded from sponsoring two candidates in the election.

However, the Supreme Court held that it had no jurisdiction to entertain the appeal, describing it as frivolous and vexatious. The court awarded a personal cost of N40 million against Chief Mike Ozehkome, who represented the PDP and Ihedioha in the matter.

The case had been in the docket of the apex court for over three years and was initially scheduled for hearing in October. However, it was deferred until after the recent governorship poll in Imo State, which saw Uzodinma’s re-election.

The ruling has sparked mixed reactions among political observers and stakeholders in Imo State. Supporters of Uzodinma see it as a victory for the governor and a validation of his mandate. They argue that the court’s decision affirms the democratic process and the will of the people.

On the other hand, critics of the ruling believe that it undermines the integrity of the judiciary and raises questions about the fairness of the electoral process. They argue that the court’s refusal to consider the application filed by the PDP and Ihedioha undermines the principle of justice and the rule of law.

The ruling also brings into focus the issue of party nominations and the role of political parties in the electoral process. The PDP’s argument that the APC should not have been allowed to field two candidates in the election raises questions about the transparency and accountability of political parties in Nigeria.

As the controversy continues to unfold, it remains to be seen how this ruling will impact the political landscape in Imo State and the country as a whole. For now, Governor Uzodinma remains in office, but the debate over his legitimacy is likely to persist..

Source

Opinion Nigeria – Address today’s topical issues said Supreme Court declines to sack Imo Gov, Uzodinma – Opinion Nigeria

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