THISDAY

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

- Tobi Soniyi

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.

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