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| Uche Nwosu. |
The
Federal High Court, Abuja, on Monday, ordered the Independent National
Electoral Commission (INEC) to remove the name of Uche Nwosu as a governorship
candidate in the last election held in Imo.
Justice
Inyang Ekwo voided Nwosu’s candidacy on the grounds of double nomination by two
political parties, the All Progressives Congress (APC) and the Action Alliance
(AA), in violation of section 37 of the Electoral Act.
The
ruling came as Nwosu, a son-in-law to the former governor of the state, Rochas
Okorocha, is challenging the victory of the Peoples Democratic Party (PDP) and
its candidate, Emeka Ihedioha, in the March 11 poll at the Election Petition
Tribunal, as the candidate of AA.
In
his judgment on Monday, Justice Ekwo upheld the case of the plaintiffs, the
Action People’s Party (APP) and its Deputy National Chairman, Mr Uche Nnadi, to
the effect that Nwosu’s governorship candidature was null and void on the
grounds of multiplicity of nominations as a governorship candidate of both the
APC and AA.
According
to him, the nomination of Nwosu by AA as a governorship candidate is invalid,
null and void, having been made at the pendency of similar nomination of the
2nd defendant (Nwosu) by the All Progressives Congress for the same position.
The
judge noted that Nwosu affirmed to be the APC’s governorship candidate in his
statement on oath sworn before the High Court of the Federal Capital Territory.
The
judge similarly declared that Nwosu “has not been validly nominated by the 3rd
defendant (AA) as its governorship candidate for the state governorship
election having been made at the pendency of the order of Justice Valentine
Ashi of the Abuja High Court recognising the 2nd defendant as the candidate of
the All Progressives Congress for the Imo 2019 governorship election.”
He
noted that Nwosu participated in the APC’s primaries held on October 6, 2018
and was subsequently nominated as the party’s governorship candidate.
While
laying claim to the APC’s governorship ticket, amidst stiff opposition from
members of the party, he was said to have on Oct. 9, 2018, obtained an order of
Justice Valentine Ashi (now deceased) of the High Court of the Federal Capital
Territory, Abuja, recognising him as the valid candidate of the party.
In
the midst of this, Nwosu was also offered the ticket of the AA.
In
his judgment, Justice Ekwo said, “There is no controversy that, on Oct. 6,
2018, the 2nd defendant (Nwosu) had himself nominated as the governorship
candidate of the APC.
“Furthermore,
there is no controversy that, to secure his nomination by the APC, the 2nd
defendant on October 9, 2019, obtained an order of the High Court of the
Federal High Court which subsists having not been set aside.”
Justice
Ekwo held that Nwosu, through his lawyers, failed to offer any valid rebuttal
to the plaintiffs’ evidence that he was nominated by both the APC and the AA,
while INEC filed no papers in the case.
The
judge ruled, “It is illegal in the eyes of the law. No one is allowed to
benefit from an illegal act.
“The
2nd defendant allowed himself to be nominated by the APC and the 3rd defendant
(AA).”
He
therefore said, “It is hereby declared that the nomination of the 2nd defendant
by the All Progressives Congress and Action Alliance, the 3rd defendant, is
invalid, null and void and constitute violation of section 37 of the Electoral
Act 2010 (as amended).
“An
order of this honourable court is hereby made directing the 1st defendant
(INEC) to remove the name of the 2nd defendant (Nwosu) as the governorship of
the 3rd defendant (AA) in the 2019 Imo governorship election for multiple
nomination in violation of the provision of section 37 of the Electoral Act
2018 (as amended).
“An
order of this honourable court is hereby made restraining the 1st defendant
(INEC) from recognising the 2nd defendant (Nwosu) as the governorship of the
3rd defendant (AA) and/or any other political party for the 2019 Imo governorship
election.
“An
order of this honourable court is hereby made restraining the 1st defendant
(INEC) from giving value to any act done in pursuance of the 2nd defendant
purported candidature of the 3rd defendant (AA) and/or any other political party
in the 2019 Imo State governorship election.”
The
judge had earlier dismissed Nwosu’s preliminary objection and picked holes in
the defence he and the AA separately filed against the substantive suit.
CULLED
FROM PM NEWS.
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