Tobias Sylvester
The Federal High Court in Abuja on Monday ended the dream of Uche Nwosu, the son-in-law to the immediate past governor of Imo State, Rochas Okorocha, of becoming the governor of the State.
Justice Inyang Ekwo thrashed 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.
Hence, the court ordered the Independent National Electoral Commission (INEC) to remove his name as a governorship candidate in the last election held in Imo State.
Nwosu is currently pursuing an election petition at the state’s Governorship Election Petition Tribunal, as the candidate of Action Alliance, challenging the victory of the Peoples Democratic Party and its candidate, Emeka Ihedioha, in the March 11, 2019 poll.
In his judgment on Monday, Justice Ekwo upheld the case of the plaintiffs, the Action People’s Party 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 he governorship candidate of both the APC and AA.
Justice Ekwo declared that 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 Court also noted that Nwosu “has not been validly nominated by the 3rd defendant (AA) as its governorship candidate for the Imo 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 State 2019 governorship election.”
Justice Ekwo said, “There is no controversy that, on October 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.
“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).
“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 State 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 State 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.”
