Imo professionals in the diaspora hailed the Supreme Court for finally scheduling the case for hearing after a three-year delay.
By Jeffrey Agbo
A group, Imo Professionals in the Diaspora, has expressed excitement over the Supreme Court’s decision to hear the petition filed by the Peoples Democratic Party (PDP) and the Action Peoples Party (APP) for the enforcement of the December 20, 2019 judgement that nullified the candidacy of Uche Nwosu.
In a statement issued on Saturday and signed by the president and secretary in North America, Prof. Oguzie Njoku and Barrister John Uzor, respectively, the Imo diaspora group contented that since the Supreme Court ruled that the All Progressives Congress (APC) had no candidate in the March 9, 2019 Imo governorship election, then “Senator Hope Uzodimma’s position is untenable since he purportedly ran on the ticket of a party that legally had no candidate.
“The Supreme Court held that both the Action Alliance (AA) and the All Progressives Congress (APC) did not field any candidate for the governorship election held in lmo State on March 9, 2019 in view of the double nomination of Uche Nwosu by the two political parties, and subsequently disqualified him.
“Therefore, Hope Uzodimma’s purported candidacy remains a nullity based on the Supreme Court ruling. This is what this is all about,” the group said.
Nwosu contested the March 9, 2019 governorship election which was won by Emeka Ihedioha.
But in the run up to the election, the APP and PDP sued Nwosu seeking his disqualification on the ground that he was nominated as governorship candidate by both the AA and the APC contrary to Section 37 of the Electoral Act 2010 (as amended) which forbids double-nomination.
The PDP and APP won at the High Court and Appeal Court levels.
The apex court concurred in a December 20, 2019, judgement that Nwosu was guilty of double nominations under the platform of two political parties – the APC and AA.
In the lead judgment delivered by Justice Amina Augie, the apex court upheld the findings of both the trial court and the Court of Appeal that Nwosu being the Imo State Governorship Candidate of the AA and the APC was contrary to Section 37 of the Electoral Act and sustained his disqualification.
However, on January 14, 2020, barely there weeks after the judgment, the apex court annulled Ihedioha’s election and declared Uzodimma winner.
Subsequently, the PDP and APP filed different applications at the Supreme Court seeking that Ihedioha be declared winner of the election since APC was precluded on the ground of Nwosu’s double nomination.
Both parties prayed the Supreme Court to enforce its December 20, 2019 judgment in pursuant of the provisions of Section 66 and Section 287[1] of the Constitution of the Federal Republic of Nigeria 1999 (as amended), Section 22 of Supreme Court Act 2004 and Order 8 Rule 17 of the Supreme Court (Amendment) Rules 2014.
The PDP suit which was filed on July 9, 2020 was premised on the grounds that the candidature of Nwosu was nullified for being invalid for reason of his double-nomination by two political parties contrary to Section 37 of the Electoral Act.
The opposition party argued that by that reason, the APC did not field any candidate in the election and as such cannot be returned as the winner.
The PDP assured the apex court in its prayers that it was “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.”
Agreeing with the PDP, Imo professionals in the diaspora hailed the Supreme Court for finally scheduling the case for hearing after a three-year delay.
“Imo Professionals in the Diaspora are not asking the Supreme Court to review its January 14, 2020 judgment that sacked Ihedioha from office.
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“No, we are only urging the apex court to give effect to its own judgment. If APC had no candidate in the election as the Supreme Court unequivocally ruled on December 20, 2019, then Uzodimma’s governorship is a nullity because to borrow a Latin phrase ‘ex nihilo nihil, in nihilum posse reverti,’ – nothing comes from nothing, nothing can revert to nothing.
“Nigeria’s electoral law is unambiguous on this matter. A political party is not capable of sponsoring two candidates for the same office in the same election. There is also no provision for independent candidacy.
“We have always believed that the Nigerian judiciary is not only the last hope of the common man but also the last hope for our democracy.
“We are also aware of the moves by those who claim to have captured the Nigerian State to move the hearing date from the scheduled October 31 to December. We plead with our revered Justices not to succumb to such pressure.
“There was no reason for the long delay in this matter in the first place. But now that we are here, it will be great injustice to kick the ball down the road once more.
“We know the Justices are shinning armours, men with integrity known for their courage. Ndi-Imo, though longsuffering, believe that you will give them justice.
“The Supreme Court has the constitutional, inherent powers and jurisdiction to give effect to its own judgment and it is in the interest of justice if it exercise its wide discretionary powers in favour of doing so,” the group said.
