S’Court Refuses To Hear PDP’s Application To Return Ihedioha

Seven months after the Peoples Democratic Party applied to the
Supreme Court to give effect to its judgment delivered on December
20, 2019, disqualifying Uche Nwosu from the Imo governorship
election on the ground of double nomination, the apex court has
refused or neglected to list the application for hearing.

The apex court had in a judgment delivered on December 20, 2019
found that Nwosu was nominated by both Action Alliance (AA) and the
All Progressives Congress (APC) and consequently nullified his
nomination.

In another judgment delivered on January 14, 2020 in
SC/462/2019, however, the apex court without making reference to
its earlier judgment referred to above declared Hope Uzodinma the
winner of the election on the platform of the same APC that had
been found to nominate Nwosu.

As shown in the stamped copy of the application, it was duly
received by the apex court on July 9, 2020.

Upon enquiry, the court could not give any response as to why it
has refused to list the application for hearing.

Legal analysts reason that a political party is not capable of
sponsoring two candidates for the same office in the same
election.

This informed the decision of the PDP to file an application at
the Supreme Court seeking that its candidate, Hon. Emeka Ihedioha
be declared the winner of the election since APC is precluded from
sponsoring two candidates in the Imo State governorship
election.

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

“That this court has the constitutional, inherent powers and
jurisdiction to grant the reliefs sought and give effects to its
judgment.
“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.”
In the application filed on behalf of the PDP by Philip Umeadi, the
party is asking the court to declare that the governor of Imo
State, Hope Uzodinma was not the candidate of the APC based on the
court’s judgment that Nwosu was nominated by both the APC and the
Action Alliance.

PDP is also asking the court for an order enforcing or otherwise
directing the enforcement and or giving effect to the judgement of
the court in the case delivered on the 20th December 2019 wherein
the court held that Nwosu was nominated by both APC and AA and
consequently declared his nomination a nullity.

PDP is asking of the Supreme Court to hold that “both the Action
Alliance (AA) and the All Progressive Congress (APC) did not
sponsor and/or field any candidate for the governorship election
held in lmo State on 9th 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.”

The party asked the court for an order sequel to the above that
Senator Hope Uzodinma was not a candidate by himself or of any
party at the Imo State Governorship election held on 9th March,
2019.

PDP also asked the court for an order directing the Independent
National Electoral Commission to withdraw the certificate of return
issued to Senator Hope Uzodinma.

It asked the court “for 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 Ehedioha
in the lmo state Governorship election held on 9th March. 20L9 as
the duly elected governor of lmo 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 Hope Uzodinma & Anor vs Rt.
Hon Emeka Ihedioha & Others delivered on 14th January,
2020.”

The party further sought an order sequel to the above, directing
that the said gubernatorial candidate of the 3rd
Respondent/Applicant in the lmo state Governorship election held on
the 9th March 2019 Rt. Hon. Emeka lhedioha be immediately sworn in
as the governor of lmo State.

PDP stated the grounds for the application thus: “The court
found that the Appellant/Respondent was nominated by both APC and
AA as their gubernatorial candidate for the lmo state governorship
election 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 3d Respondent/Applicant Rt. Honourable Emeka lhedioha, was
returned by the 4th Respondent as the winners of the election and
consequently sworn into office.

That subsequently, the return of the governorship candidate of
the 3rd Respondent/Applicant was challenged up to this court by one
senator Hope Uzodinma who claimed to be the gubernatorial
‘candidate of the APC.’

That this court in its judgement delivered on 14th January, 2020
held that it was the said senator Hope Uzodinma and not Rt.
Honourable Emeka lhedioha that scored the highest number of votes
in the election and ought to be returned as the duly elected
governor of lmo state.

That by the clear terms of the judgement in this appeal, neither
the AA nor the APC fielded any candidate for the lmo state
governorship election held on 9th March 2019 and as such the said
senator Hope uzodinma could not have been returned as the winner of
the lmo State Governorship election as a candidate of the APC.

That APC could not have substituted the appellant with a view to
further nominating the said senator Hope Uzodinma as their
candidate because that right was not available to the party under
the Electoral Act.

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

That the 3rd respondent Applicant, PDP, as the main beneficiary
of the judgment ought to enjoy the fruits of the said
judgement.

That Rt. Honourable Emeka lhedioha, who is the candidate
nominated by the 3rd Respondent /Applicant, 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 4th respondent and sworn in
accordingly.

That it will advance the cause of justice to grant this
application particularly as none of the parties will be prejudiced
by its grant.

Although the suit was filed on July 9, 2020, the apex court has
yet to consider it for hearing.

Seven months after the Peoples Democratic Party applied to the
Supreme Court to give effect to its judgment delivered on December
20, 2019, disqualifying Uche Nwosu from the Imo governorship
election on the ground of double nomination, the apex court has
refused or neglected to list the application for hearing.

The apex court had in a judgment delivered on December 20, 2019
found that Nwosu was nominated by both Action Alliance (AA) and the
All Progressives Congress (APC) and consequently nullified his
nomination.

In another judgment delivered on January 14, 2020 in
SC/462/2019, however, the apex court without making reference to
its earlier judgment referred to above declared Hope Uzodinma the
winner of the election on the platform of the same APC that had
been found to nominate Nwosu.

As shown in the stamped copy of the application, it was duly
received by the apex court on July 9, 2020.

Upon enquiry, the court could not give any response as to why it
has refused to list the application for hearing.

Legal analysts reason that a political party is not capable of
sponsoring two candidates for the same office in the same
election.

This informed the decision of the PDP to file an application at
the Supreme Court seeking that its candidate, Hon. Emeka Ihedioha
be declared the winner of the election since APC is precluded from
sponsoring two candidates in the Imo State governorship
election.

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

“That this court has the constitutional, inherent powers and
jurisdiction to grant the reliefs sought and give effects to its
judgment.
“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.”
In the application filed on behalf of the PDP by Philip Umeadi, the
party is asking the court to declare that the governor of Imo
State, Hope Uzodinma was not the candidate of the APC based on the
court’s judgment that Nwosu was nominated by both the APC and the
Action Alliance.

PDP is also asking the court for an order enforcing or otherwise
directing the enforcement and or giving effect to the judgement of
the court in the case delivered on the 20th December 2019 wherein
the court held that Nwosu was nominated by both APC and AA and
consequently declared his nomination a nullity.

PDP is asking of the Supreme Court to hold that “both the Action
Alliance (AA) and the All Progressive Congress (APC) did not
sponsor and/or field any candidate for the governorship election
held in lmo State on 9th 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.”

The party asked the court for an order sequel to the above that
Senator Hope Uzodinma was not a candidate by himself or of any
party at the Imo State Governorship election held on 9th March,
2019.

PDP also asked the court for an order directing the Independent
National Electoral Commission to withdraw the certificate of return
issued to Senator Hope Uzodinma.

It asked the court “for 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 Ehedioha
in the lmo state Governorship election held on 9th March. 20L9 as
the duly elected governor of lmo 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 Hope Uzodinma & Anor vs Rt.
Hon Emeka Ihedioha & Others delivered on 14th January,
2020.”

The party further sought an order sequel to the above, directing
that the said gubernatorial candidate of the 3rd
Respondent/Applicant in the lmo state Governorship election held on
the 9th March 2019 Rt. Hon. Emeka lhedioha be immediately sworn in
as the governor of lmo State.

PDP stated the grounds for the application thus: “The court
found that the Appellant/Respondent was nominated by both APC and
AA as their gubernatorial candidate for the lmo state governorship
election 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 3d Respondent/Applicant Rt. Honourable Emeka lhedioha, was
returned by the 4th Respondent as the winners of the election and
consequently sworn into office.

That subsequently, the return of the governorship candidate of
the 3rd Respondent/Applicant was challenged up to this court by one
senator Hope Uzodinma who claimed to be the gubernatorial
‘candidate of the APC.’

That this court in its judgement delivered on 14th January, 2020
held that it was the said senator Hope Uzodinma and not Rt.
Honourable Emeka lhedioha that scored the highest number of votes
in the election and ought to be returned as the duly elected
governor of lmo state.

That by the clear terms of the judgement in this appeal, neither
the AA nor the APC fielded any candidate for the lmo state
governorship election held on 9th March 2019 and as such the said
senator Hope uzodinma could not have been returned as the winner of
the lmo State Governorship election as a candidate of the APC.

That APC could not have substituted the appellant with a view to
further nominating the said senator Hope Uzodinma as their
candidate because that right was not available to the party under
the Electoral Act.

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

That the 3rd respondent Applicant, PDP, as the main beneficiary
of the judgment ought to enjoy the fruits of the said
judgement.

That Rt. Honourable Emeka lhedioha, who is the candidate
nominated by the 3rd Respondent /Applicant, 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 4th respondent and sworn in
accordingly.

That it will advance the cause of justice to grant this
application particularly as none of the parties will be prejudiced
by its grant.

Although the suit was filed on July 9, 2020, the apex court has
yet to consider it for hearing.