TRACKING ___Fresh crisis is looming in the Imo State All Progressive Congress (APC) as the Supreme Court has been asked to void the candidacy of Senator Hope Uzodinma as the governorship candidate of the party. An applicant, Ugwumba Uche Nwosu had through a motion on notice received by the apex court on 7th July, 2020 urged the court to void Uzodinma’s candidacy on the grounds that the party had no candidate in the March 9, 2019 governorship election. In a suit where Action People Party, Uche Nnadi, Peoples Democratic Party and the Independent National Electoral Commission were joined as respondents, the applicants asked the apex court to give effect to its earlier judgement delivered on 20th December, 2019 wherein the court through Justice Adamu Augie said “apparently, in arguing as he did, the appellant does not seem to grasp or appreciate the intricacies of the case against him.
“The issue was not whether his name was on the ballot paper or whether he was the APC candidate at the general election itself, the issue at stake is whether he know-ingly allowed himself to be nominated as a candidate by both APC and the Action Alliance.
“The confusing part especially for INEC, is that within two days, 3/18 and 2/11/18, it received two forms CF 001 signed by the appellant, as Gubernatorial candidate of two parties – Action Alliance and APC… Form CF 001 is an affidavit of personal particulars of persons seeking election, which is provided by INEC for candidates to submit their details to it, and it derives its powers from S. 31(2) of the Electoral Act.
“The compelling part of the story is that since nomination is complete when INEC receives the necessary documents from a political party, its receipt of two Forms CF 001, which were both sworn to by the appellant himself, leads to an irresistible conclusion that he knowingly allowed himself to be nominated as the gubernatorial candidate of the two political parties and by Section 37 of the Electoral Act 2010 as amended, his nomination is void.” Nwosu also prayed the court to make an order directing INEC to withdraw the certificate of return issued to Uzodinma.
He equally asked the apex court to make an order directing INEC to issue a certificate of return to the candidate of the PDP, Emeka Ihedioha in the Imo State Governorship held in March 9, 2019 as the duly elected Governor of Imo state, having scored the second highest number of votes in the said election sequel to the judgement of the court delivered on January 14, 2020.
