The Supreme Court, on Tuesday, dismissed a motion seeking to sack Senator Hope Uzodinma as Governor of Imo State, on grounds that he was not validly nominated by the All Progressives Congress (APC) to contest the 2019 governorship election.
A seven-man panel of the court, led by Justice Inyang Okoro, dismissed the motion for being frivilous, vexatious, incompetent and lacking in merit.
Emeka Ihedioha of the Peoples Democratic Party (PDP), who was initially declared governor by the Independent National Electoral Commission (INEC), had brought the application challenging Uzodinma’s continued stay in office as governor, following the apex court judgment in another appeal where the apex court voided the participation of Uche Nwosu of the Action Alliance (AA) on grounds of double nomination.
Although, the motion was filed over three years ago, it was however listed for hearing a few weeks back.
Ihedioha had applied to be joined as an interested party in the appeal initially filed by Nwosu.
Ihedioha and his party had specifically asked the Supreme Court to give effect to its 2019 verdict that disqualified Nwosu on the ground that he was nominated by both the AA and the All Progressives Congress (APC), to contest the election.
It was their submission that since the Supreme Court in its judgment had recognised Nwosu as the candidate of the APC, there was no legal basis for its subsequent judgment that sacked Ihedioha and declared Uzodinma, who was also sponsored by the same APC as the valid winner of the governorship poll.
Consequently, the PDP urged the apex court to restore its candidate, Ihedioha, back to office, since the APC was precluded from sponsoring two candidates in the election.
Delivering judgment in the appeal on Tuesday, Justice Tijjani Abubakar held that it had no jurisdiction to entertain the appeal which it described as frivolous and highly vexatious.
He said the court lacked jurisdiction to determine the matter, adding that the 60 days stipulated to hear the election matter had since elapsed.
Abubakar, subsequently fined Counsel for the PDP, Mike Ozekhome, SAN, N40m for bringing the matter before the court.
Credit: The Nigeria Lawyer