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Akinwande Soji-Ojo
The Supreme Court has dismissed an application by the Peoples Democratic Party(PDP) seeking the removal of Sen Hope Uzodimma from office as Imo State Governor.
PDP prayed the apex court to give a consequential order to the Independent National Electoral Commission (INEC) to issue a certificate of return its candidate, Emeka Ihedioha, as the validly elected governor of Imo State in the 2019 election.
The party had asked the apex court to restore its candidate, Ihedioha, back to office, since the APC was precluded from sponsoring two candidates in the Imo State governorship election.
In an affidavit it filed in support of the application, which was deposed to by a legal practitioner, Adedamola Farokun, PDP, averred: “The third Respondent/Applicant (PDP) is neither in any way seeking a review of the valid, subsisting and well considered judgement of this court delivered in this appeal in 2019, nor seeking a review of the judgement of this court delivered on January 14, 2020 in SC/462/2019, but humbly seeking that this court give effect to its judgement delivered on December 20, 2019.
“That this court has the constitutional, inherent powers and jurisdiction to grant the reliefs sought and give effects to its judgement.
“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.”
The deponent, Farokun, also averred that Uzodimma was not the candidate of the APC based on the court’s judgement that Nwosu was nominated by both the APC and the Action Alliance (AA).
PDP urged the Supreme Court to hold that “both the AA and APC did not sponsor and/or field any candidate for the governorship election held in Imo State on March 9, 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 its judgement.”
It argued that in view of the fact that Uzodimma did not contest the election as an independent candidate, there was no legal basis for him to be recognised as the validly elected governor of Imo State.
Delivering judgement on Tuesday, Justice Tijjani Abubakar, who read the lead judgement held that the application was frivolous, vexatious and lacked merit.
He said the court lacked jurisdiction to entertain the matter, adding that the 60 days stipulated to hear the election matter had since elapsed.
Abubakar subsequently fined counsel to the PDP, Mike Ozekhome (SAN), N40 million for bringing the matter before the court.