…Asks Apex Court to return Ihedioha as Governor
Chief Philip Ezebuilo Umeadi (SAN), who was a former INEC Commissioner, has gone to the Supreme Court asking the Apex Court to enforce or to ensure the enforcement of its Judgment on Ugwumba Uche Nwosu over who is the authentic governorship candidate of All Progressives Congress, APC, in Imo in the 2019 election.
Chief Umeadi in Appeal No SC/1384/2019 asked the Apex Court to ask 1NEC to withdraw the Certificate of Return given to Governor Hope Uzodimma and give it to Chief Emeka Ihedioha, who is the candidate of the Peoples Democratic Party (PDP).
According to “The White-Paper,” an Owerri based tabloid; This latest legal move to unseat Uzodimma had come as a thunderbolt and had been filed since July 7, 2020, which Chief Umeadi brought under motion of notice, in pursuant to section 6 (6) A and section 287 (1) of the Constitution of the Federal Republic of Nigeria 1999 (as Amended).
“With this latest legal development, a related matter instituted by Barr. Kingdom Okere of the Reformed and Advancement Party (RAP) could be adjudged an “appetizer” if compared with the Umeadi matter at the Supreme Court,” the paper, which has strong support for former Governor Okorocha and Chief Uche Nwosu wrote.
Uche Nwosu who is at the centre of both Barr. Okere and Chief Umeadi’s cases have neither joined any of them, with the PDP Joining the RDP matter last Monday.
Chief Umeadi asked for an order, enforcing or otherwise directing the enforcement and or giving effect to the judgment of this Court in this case delivered on the 20th December 2019, where in, this honourable Court, per Honourable Justice Amina Adamu Augie JSC, made some findings.
Chief Umeadi stated that, Chief Emeka Ihedioha, who was the candidate nominated by the 3rd Respondent/Applicant and who scored the second highest number of votes after Senator Hope Uzodimma from the judgment of Supreme Court which is exhibit PDP 4, ought therefore to be issued a Certificate of Return by the 4th respondent and sworn-in accordingly, adding that it will advance the cause of justice to grant the application particularly as none of the parties will be prejudiced by its grant.
Chief Umeadi is therefore seeking an order that both the ACTION ALLIANCE (AA) and the All PROGRESSIVES CONGRESS (APC) did not sponsor and/or field any candidate for the Governorship election held in Imo State on March, 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 the judgment delivered on 20th December, 2019 which is Exhibit “PDP3”
– That Senator hope Uzodimma was not a candidate by himself or of any party at the Imo State Governorship election held on 9th March, 2019.
– An Order directing the 4th Respondent (INEC) to withdraw the Certificate of Return issued to Senator Hope Uzodimma.
– An order further directing the 4th respondent to issue a Certificate of Return to the gubernatorial candidate of the 3rd Respondent/Applicant, Rt. Hon. Emeka Ihedioha in the Imo State Governorship election held on 9th March. 2019 as the duly 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/l462/2019 – SENATOR HOPE UZODIMMA & ANOR vs RT. HON EMEKA IHEDIOHA & ORS delivered on 14th January, 2020.
– An order, directing that the said gubernatorial candidate of the 3rd Respondent/Applicant in the Imo State Governorship election held on the 9th March, 2019, Rt. Hon. Emeka Ihedioha be immediately sworn in as the Governor of Imo State.
According to the notice, the grounds upon which this application is predicated are as follows:
a. This honorable Court found that the Appellant/Respondent was nominated by both APC and AA as their gubernatorial candidate for the Imo State Governorship election held on 9th March, 2019, and conclusively held that he was disqualified by the provisions of S.37 of the Electoral Act (as amended), for double nomination.
b. That after the said election, the Governorship candidate of the 3rd Respondent/Applicant Rt. Honorable Emeka Ihedioha was returned by the 4th Respondent as the winner of the election and consequently sworn into office.
c. That subsequently, the return of the Governorship candidate of the 3rd Respondent/Applicant was challenged up to this honorable Court by one Senator Hope Uzodimma who claimed to be the gubernatorial candidate of the All Progressives Congress (APC).
d. That this honorable Court in its judgement delivered on 14th January, 2020 in Exhibit “PDP4” (Appeal No: 1462/2019 – SENATOR HOPE UZODIMMA & ANOR VS RT. HON. EMEKA IHEDIOHA ORS) held that it was the said senator Hope Uzodimma and not Rt. Hon Emeka Ihedioha that scored the highest number of votes in the election and ought to be returned as the duly elected governor of Imo State.
e. That by the clear terms of Exhibit ‘PDP3’, the Judgement in this appeal, neither the AA nor the All Progressives Congress fielded any candidate for the Imo State Governorship election held on 9th March 2019 and as such the said Senator Hope Uzodimma could not have been returned as the winner of the Imo State Governorship election as a candidate of the APC.
f. That APC could not have substituted the Appellant with a view to further nominating the said Senator Hope Uzodimma as their candidate because that right is not available to the party under the Electoral Act.
g. That Senator Hope Uzodimma could not have been a candidate in the election as an independent candidate as such right is not available to him.
h. That the averments in paragraphs e, f and g above flow directly from, and are deducible from the conclusions and findings made by this honourable court in Exhibit “PDP3”, which settled the rights of the parties.
i. That the 3rd Respondent/Applicant, PDP, as the main beneficiary of the judgment in exhibit PDP3 supra, ought to enjoy the fruits of the said judgment.
j. That Rt. Honorable Emeka Ihedioha who is the candidate nominated by the 3rd Respondent/Applicant and who scored the second highest number of votes after Senator Hope Uzodimma from the judgment of this court which is Exhibit PDP4, ought therefore, to be issued a Certificate of Return by the 4th respondent and sworn in accordingly.
k. That it will advance the cause of justice to grant this application particularly as none of the parties will be prejudiced by its grant.
Meanwhile, Chief uche Nwosu has denied involvement in the latest court cases with regard to 2019 elections, warning the press not to associate him with the litigations.