By Eric Ikhilae, Abuja
The Supreme Court is expected to fix hearing date anytime soon in a motion filed by the Peoples Democratic Party (PDP) seeking to sack the Governor of Imo State, Hope Uzodinma.

It was learnt that parties have filed some additional processes in relation to the motion filed last year and that the PDP, through its lawyer, Phillips Umeadi recently filed a fresh document, requiring the Supreme Court to set the case down for hearing.

Information at the court’s Registry revealed the motion by the PDP, in which it’s praying the Supreme Court to reverse its decision sacking Emeka Ihedioha, is now ripe for hearing because some processes were recently filed by some of the parties.

It was gathered that the next step is for the Deputy Registrar (Litigation) to liaise with the Chief Justice of Nigeria (CJN) for a hearing date, which would soon be communicated to parties.

Listed as respondents to the motion on notice, filed by the PDP in an earlier appeal by Ugwumba Uche NWosu, marked: SC/1384/2019 are: Nwosu, the Action Peoples Party (APP), Uche Nnadi and the Independent National Electoral Commission (INEC).

It is PDP’s contention that it was wrong for the court to declare Hope Uzodinma of the All Progressives Congress (APC) the winner of the March 9, 2019 governorship election in Imo State after disqualifying Nwosu from contesting the election on the grounds that he allowed himself to be nominated as the governorship candidate of both the Action Alliance and APC for the same election.

It wants the court to declare that both the AA and the APC did not sponsor any candidate for the election in view of Nwosu’s double nomination by the AA and APC and his subsequent disqualification by the court in its judgment given on December 20, 2019

The PDP also wants the court to order that Hope Uzodinma was not a candidate by himself or of any political party at the election; and to order INEC to withdraw the certificate of return issued to Senator Hope Uzodinma.

Read Also: PDP, Akeredolu trade words over pending Supreme Court verdict
The party is equally praying the court to order INEC to issue a certificate of return to its candidate in the election, Emeka Ihedioha “as the duty elected Governor of Imo State, having scored the second highest number of votes in the said election sequel to the judgment of this court in Appeal No: SC/1462/2019 – Senator Hope Uzodinma & another v. Rt.Hon.Emeka Ihedioha & others delivered on 14th January, 2020.

It is further praying the court to issue an order, directing that Ihedioha be immediately sworn-in as the Governor of Imo State.

The grounds relied on by the PDD in seeking the reliefs includes that the court had, in its December 20, 2019 judgment, found that the Nwosu was nominated by both APC and AA as their candidate for election held on 9th March, 2019, and conclusively held that he was disqualified by the provisions of Section 37 of the Electoral Act for double nomination.

It stated that although Ihedioha was declared winner of the election and subsequently sworn-in, the Supreme Court in its judgment delivered on January 14, 2020 in the appeal, marked: SC1462/2019, filed by Uzodinma, held that the appellant (Uzodinma) and not Ihedioha that scored the highest number of votes in the election and ought to be returned as the duly elected governor.

The PDP added that by the clear terms of the Supreme Court’s judgment of December 20, 2019 in the appeal by Nwosu, it was obvious that neither the AA nor the APC fielded any a candidate for the election held on 9theMarch 2019 and as such Uzodinma could not have been returned as the election as a candidate of the APC,

It said: “APC could not have substituted the appellant (Nwosu) with a view to further nominating the said Senator Hope Uzodinma as their candidate because that right is not available to the party under the Electoral Act.

“Senator Hope Uzodinma could not have been a candidate in the election as an independent candidate as such right is not available to him.

“Rt. Honourable Emeka Ihedioha, who is the candidate nominated by the third respondent/applicant (PDP), and who scored the second highest number of votes after Senator Hope Uzodinma, from the judgment of this court, ought therefore to be issued a certificate of return by the fourth respondent (INEC) and sworn in accordingly.

A legal officer in the PDP, Adedamola Farokun stated, in a supporting affidavit, that by virtue of the Supreme Court’s judgment in Uzodinma’s appeal, Ihedioha scored the second highest votes after Uzodinma.

Farokun added that by virtue of the Supreme Court’s earlier judgment in the appeal by Nwosu, which nullified the candidature of Nwosu as the duly nominated candidate of the APC, the APC had no candidate for the governorship election held on the 9th March, 2019.

He argued that it was Ugwumba Uche Nwosu who was the duly nominated candidate of the APC, which nomination was on the records of INEC up to and after the election, but whose nomination was nullified by the December 20,2019 judgment Supreme Court.

Farokun contended that as at when Nwosu’s candidacy was nullified, the APC could not have validly substituted its candidate as there are no provisions for post-election substitution of candidates.

https://thenationonlineng.net/supreme-court-to-fix-hearing-in-pdps-suit-seeking-uzodinmas-sack/

I quite deceiving myself the day I discovered that Money is a messenger in this part of the world. Not value system

Little wonder Ihedioha's ass-licking comment about NK's arrest.

fergie001^garfield1
What do you gentlemen make of this?

Agbegbaorogboye:
fergie001^garfield1
What do you gentlemen make of this?

A pure academic exercise and a waste of time.I think the court will now give him the heavy fine they forgot to give him.if he criticized mnk because of this,a big disappointment awaits him

Agbegbaorogboye:

What do you gentlemen make of this?

1. The SC in Nigeria does not reverse its decision.

If this is a first.....

2. Election cases are time-bound wrt the 4th alteration of the 1999 Constitution (as amended).

Guber cases MUST not take more than 349 days after the declaration of results.

3. Any case coming after elections are Post-Election, and cannot be taken to the tribunal more than 21 days after the declaration of results.

4. Only a tribunal constituted for that purpose can handle Post-election cases.

See...the Country is hard & Umeadi shouldn't allow them give him a big fine, that will further deplete his little resources.

This case can be termed vexatious.

fergie001:


1. The SC in Nigeria does not reverse its decision.

If this is a first.....

2. Election cases are time-bound wrt the 4th alteration of the 1999 Constitution (as amended).

Guber cases MUST not take more than 349 days after the declaration of results.

3. Any case coming after elections are Post-Election, and cannot be taken to the tribunal more than 21 days after the declaration of results.

4. Only a tribunal constituted for that purpose can handle Post-election cases.

See...the Country is hard & Umeadi shouldn't allow them give him a big fine, that will further deplete his little resources.

This case can be termed vexatious.

Umeadi is giving ihedioha hope like alexreports did for maduka...the honoured and respected jscs have better things to do than listen to lullabies

garfield1:


Umeadi is giving ihedioha hope like alexreports did for maduka...the honoured and respected jscs have better things to do than listen to lullabies

I think whomever is pushing this case is ill-advised.

I pity that lawyer if Augie sits on that panel.

garfield1:


A pure academic exercise and a waste of time.I think the court will now give him the heavy fine they forgot to give him.if he criticized mnk because of this,a big disappointment awaits him

Quite so. But in terms of substance. Is there merit in the aargument? Just for posterity's sake?

fergie001:


1. The SC in Nigeria does not reverse its decision.

If this is a first.....

2. Election cases are time-bound wrt the 4th alteration of the 1999 Constitution (as amended).

Guber cases MUST not take more than 349 days after the declaration of results.

3. Any case coming after elections are Post-Election, and cannot be taken to the tribunal more than 21 days after the declaration of results.

4. Only a tribunal constituted for that purpose can handle Post-election cases.

See...the Country is hard & Umeadi shouldn't allow them give him a big fine, that will further deplete his little resources.

This case can be termed vexatious.

fergie001:

I think whomever is pushing this case is ill-advised.

I pity that lawyer if Augie sits on that panel.

Trite,fair enough.by the way,the new appellate judges have been posted.seems danjuma is the most senior

Agbegbaorogboye:


Quite so. But in terms of substance. Is there merit in the aargument? Just for posterity's sake?

If there was merit in the case,ihedioha would still be governor.posterity won't remember such funny suits.this case actually proved that governors can be sacked by the supreme court on electoral or post election matters

Noted

Agbegbaorogboye:
Quite so. But in terms of substance. Is there merit in the aargument? Just for posterity's sake?

Once a Court determines that its judgement has no impact or will change nothing, it is termed an academic exercise;

Neither Yes nor NO

garfield1:


Trite,fair enough.by the way,the new appellate judges have been posted.seems danjuma is the most Senior

The strongest Judges were sent to Lagos. (Sirajo & Banjoko).

Sirajo was Number 3 on Plateau High Court list....with his senior 2 to retire early next year, but he opted to move up as he still enjoys handling cases and doesn't want to be stuck as CJ.

Banjoko needs no introduction.

THIS IS THE SENIORITY LIST....Just compiled that stuffs, though has some missing links.

fergie001:

I think whomever is pushing this case is ill-advised.

I pity that lawyer if Augie sits on that panel.

I dey you

They want to sneak him out same way they sneak him in..