The last may not have been heard of the 2019 Governorship election in Imo State as the Reform and Advancement party, RAP, has commenced legal action at the Federal High Government Abuja to seek Judicial interpretation on whether the All Progressives Congress, APC, sponsored Governor Hope Uzodimma in the 2019 election.

In a press release signed by Okere K. Nnamdi; RAP 2019 Governorship candidate, and availed Daily Nigerian Horn, the party in a Suit No FHC/ABJ/CS/677/2020, dated 25th June 2020 before Hon. Justice Okon Abang, wants the Court to determine whether Governor Uzodimma lawfully participated and was sponsored by the APC to contest the 2019 Imo Governorship election in accordance with section 177 © of the 1999 constitution.

It stated inter alia:

WHETHER the 1st defendant lawfully participated and was 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 defendants 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 defendants 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.

AND UPON THE DETERMINATION OF THE ABOVE QUESTIONS, THE PLAINTIFFS ARE SEEKING THE FOLLOWING RELIEFS/DECLARATIONS:

A DECLARATION THAT 1st defendant 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 defendants 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 defendants 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.

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/COMPELLING/DIRECTING 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.

AND SUCH OTHER ORDERS as the Court may deem fit to make in the circumstance of the case.

in the affidavit in support of the originating summons, the plaintiffs deposed among others that:

(a) That he 1st plaintiff Barr. Okere kingdom was the governorship candidate of the 2nd plaintiff (Reform and Advancement Party) for the 2019 Imo State governorship election and he participated in the said election held on 9th march 2019.

(b) That 1st defendant (Hope Uzodinma) in this suit was not the candidate of the 4th defendant in the said election and did not participate in the said election by virtue of the judgment 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. Certified true copy of the Judgment SC/1384/2019 is hereby pleaded and exhibited as EXHIBIT K 1.

(c) That the 1st defendant (Hope Uzodinma) is currently unconstitutionally occupying the office of the 2nd defendant having not participated in the said 2019 Imo state governorship election.

(d) That the plaintiffs are aggrieved that the 1st defendant IS NOT ENTITLED TO ACT, occupy or continue acting/occupying the office of the governor of Imo state and ought to be restricted from continuous illegal occupation of the office of the governor of Imo State on the grounds that he did not participate in the 2019 Imo State Governorship election as a candidate of a political party.

(e) That the Supreme Court of Nigeria in appeal no: SC/1384/2019 upheld the decision of both the Court of Appeal and the Federal High Court in affirming Ugwumba Uche Nwosu as the authentic and duly elected/nominated 2019 Imo State governorship candidate of the 4th Defendant.

(f) That the plaintiffs are contending that in the aftermath of the Supreme Courts decision in appeal no: SC/1384/2019, the All Progressives Congress did not have a governorship candidate and did not participate in the 2019 Imo State governorship election by reason that the decision affirmed Ugwumba Uche Nwosu as duly elected and nominated 2019 Imo State governorship candidate of the 4th defendant and also nullified Ugwumba Uche Nwosus participation in the 2019 Imo State governorship election on the grounds that he had double nominations by the Action Alliance (5th defendant) and All Progressives Congress (4th defendant).

(g) That in the eye of the law, every nomination made by the 4th and 5th defendants in the 2019 Imo State governorship election is null and void and the 4th and 5th did not participate and had no candidates in the 2019 Imo State governorship election held on the 9th of march 2019.

(h) That since the Supreme Court had declared Uche Nwosu the rightful candidate of the 4th defendant, the 1st defendant did not and could not have participated in the same 2019 Imo State governorship election as the candidate of the 4th defendant by virtue of constitutional provisions.

(i) That further to the above paragraph, the Constitution of the Federal Republic of Nigeria had no provision allowing a political party to sponsor two governorship candidates in the same election.

(j) That the decision of in appeal no: SC/1384/2019 which upheld Ugwumba Uche Nwosu as duly elected and nominated 2019 Imo State governorship candidate of the 4th defendant is judgment in rem that is attached to the STATUS OF ANY NOMINATION made by the 4th defendant (APC) in the said election and being a judgment in rem it binds the 1st , 4th and 5th defendants.

(k) That the Constitution of the Federal Republic of Nigeria 1999 (as amended) 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..

(l) That Section 177 (c) of the 1999 Constitution provides that a person shall be qualified for election into the office of the Governor of a state if he is a member of a political party and is sponsored by the political party.

(m) That the All Progressives Congress (4th defendant) could not have sponsored both the 1st defendant and Uche Nwosu as governorship candidates in one election.

(n) That in the event that the candidacy and eligibility of the All Progressives Congress at the said election has been nullified appeal no: SC/1384/2019, the candidate of the political party which scored the highest number votes (excluding the 4th and 5th defendants) ought to be declared winner of the 2019 Imo State governorship election.

(o) That this application is of public interest and promotes rule of law, seeks to strengthen our constitutional democracy, and the 1st plaintiffs interest (as a candidate who participated in the said election) is to ensure that the rightful candidate among the lawfully nominated candidates of the political parties who participated in the election emerges governor of Imo state in accordance with the law.

Meanwhile, the originating summons is slated for hearing on the 14th of July 2020 before Hon. Justice Okon Abang.

NIGERIAN HORN