Court Declines To Sack Gov Uzodinma, Deputy

A Federal High Court in Abuja has dismissed a suit seeking to
nullify the election of Hope Uzodinma and his Deputy Prof Placid
Njoku and declare the governorship seat of Imo State vacant.

Justice Taiwo Taiwo held on Monday, July 19, that the applicant,
Mcfyne C. Chikwedu, had no locus standi, adding that the suit was
“patently non-justiciable.”

The judge noted that Uzodinma’s election had been affirmed by
the Supreme Court and his court was not an election tribunal that
could sit on appeal over elections conducted by the Independent
National Electoral Commission (INEC).

He ordered Chikwedu to pay INEC N250,000 as costs “for bringing
such a frivolous and meaningless suit to this court for
adjudication.”

INEC and the Attorney-General of The Federation (AGF) were the
first and second defendants, marked FHC/ABJ/CS/1085/2020.

The judgment followed Chikwedu’s suit alleging the Governor did
not meet the constitutional requirement to be declared winner of
the March 9 gubernatorial election of Imo State.

But dismissing his contention, the judge observed that there was
no connection between the plaintiff and the defendants jointly or
severally.

Taiwo held: “If I may ask, was he (Chikwedu) a contestant in the
Imo Governorship Election in 2019? He only described himself in
paragraphs 1 and 2 of the affidavit in support of the originating
summons thus: ‘(1) That I am the plaintiff in this suit and an
indigene of Ikeduru LGA of Imo State. (2) That by virtue of my
position I am conversant with the facts of this case.’

“These averments are not enough to cloth the plaintiff with the
toga of locus standi.

“It is a notorious fact that the issue of the Imo State
governorship election has been litigated up to the Supreme Court;
the Apex Court in the land on the 14th of January, 2020 and it was
held among other things that Senator Hope Uzodinma is the winner of
the Governorship Election of Imo State and that the Certificate of
Returns be issued to him.

“This court cannot shut its eyes to these facts…This case has no
legs to stand on. It is dead on arrival and nothing can be done to
resuscitate it. I need to state that cases of this nature ought not
to be permitted to see the light of day if not for the
constitutional provision as to fair hearing.

“I am of the well-considered view that parties should desist
from bringing such time-wasting suits to court knowing fully well
that they have no chance to succeed. The time of the court is very
precious.

“This case is dismissed in its entirety. This is the judgment of
the court.”

The applicant had sought a declaration that Uzodinma’s election
as Imo governor was unconstitutional and illegal for violating
Section 1 and 179 of the 1999 Constitution.

He also sought, through his counsel F. I Aliuna, an order
compelling INEC to withdraw Uzodinma’s Certificate of Return and
conduct a fresh gubernatorial election in Imo State within 90 days
from the date of the nullification.

Furthermore, he prayed for an order dissolving the Imo State
Executive Council, Imo State Boards and Commissions, Imo State
Local Government Interim Management Committee as constituted and
all other appointments so far made by the Governor, and his Deputy
and to direct them to immediately handover to the Speaker of the
Imo State House of Assembly.

Lastly, he prayed the court to direct the Chief Judge of Imo
State to swear in the Speaker of the Imo State House of Assembly as
the Acting Governor with immediate effect pending the election and
swearing-in of a substantive Governor.

INEC opposed him via his counsel, Anthony Onyeri, on the ground
among others of a lack of locus standi, while the AGF did not enter
an appearance.
Upholding INEC’s preliminary objection, the judge dismissed
Chikwedu’s suit “in its entirety.”

A Federal High Court in Abuja has dismissed a suit seeking to
nullify the election of Hope Uzodinma and his Deputy Prof Placid
Njoku and declare the governorship seat of Imo State vacant.

Justice Taiwo Taiwo held on Monday, July 19, that the applicant,
Mcfyne C. Chikwedu, had no locus standi, adding that the suit was
“patently non-justiciable.”

The judge noted that Uzodinma’s election had been affirmed by
the Supreme Court and his court was not an election tribunal that
could sit on appeal over elections conducted by the Independent
National Electoral Commission (INEC).

He ordered Chikwedu to pay INEC N250,000 as costs “for bringing
such a frivolous and meaningless suit to this court for
adjudication.”

INEC and the Attorney-General of The Federation (AGF) were the
first and second defendants, marked FHC/ABJ/CS/1085/2020.

The judgment followed Chikwedu’s suit alleging the Governor did
not meet the constitutional requirement to be declared winner of
the March 9 gubernatorial election of Imo State.

But dismissing his contention, the judge observed that there was
no connection between the plaintiff and the defendants jointly or
severally.

Taiwo held: “If I may ask, was he (Chikwedu) a contestant in the
Imo Governorship Election in 2019? He only described himself in
paragraphs 1 and 2 of the affidavit in support of the originating
summons thus: ‘(1) That I am the plaintiff in this suit and an
indigene of Ikeduru LGA of Imo State. (2) That by virtue of my
position I am conversant with the facts of this case.’

“These averments are not enough to cloth the plaintiff with the
toga of locus standi.

“It is a notorious fact that the issue of the Imo State
governorship election has been litigated up to the Supreme Court;
the Apex Court in the land on the 14th of January, 2020 and it was
held among other things that Senator Hope Uzodinma is the winner of
the Governorship Election of Imo State and that the Certificate of
Returns be issued to him.

“This court cannot shut its eyes to these facts…This case has no
legs to stand on. It is dead on arrival and nothing can be done to
resuscitate it. I need to state that cases of this nature ought not
to be permitted to see the light of day if not for the
constitutional provision as to fair hearing.

“I am of the well-considered view that parties should desist
from bringing such time-wasting suits to court knowing fully well
that they have no chance to succeed. The time of the court is very
precious.

“This case is dismissed in its entirety. This is the judgment of
the court.”

The applicant had sought a declaration that Uzodinma’s election
as Imo governor was unconstitutional and illegal for violating
Section 1 and 179 of the 1999 Constitution.

He also sought, through his counsel F. I Aliuna, an order
compelling INEC to withdraw Uzodinma’s Certificate of Return and
conduct a fresh gubernatorial election in Imo State within 90 days
from the date of the nullification.

Furthermore, he prayed for an order dissolving the Imo State
Executive Council, Imo State Boards and Commissions, Imo State
Local Government Interim Management Committee as constituted and
all other appointments so far made by the Governor, and his Deputy
and to direct them to immediately handover to the Speaker of the
Imo State House of Assembly.

Lastly, he prayed the court to direct the Chief Judge of Imo
State to swear in the Speaker of the Imo State House of Assembly as
the Acting Governor with immediate effect pending the election and
swearing-in of a substantive Governor.

INEC opposed him via his counsel, Anthony Onyeri, on the ground
among others of a lack of locus standi, while the AGF did not enter
an appearance.
Upholding INEC’s preliminary objection, the judge dismissed
Chikwedu’s suit “in its entirety.”