Things has indeed fallen apart for Emeka Ihedioha and his supporters as his hope of being returned elected has again hit the rocks.
The Supreme Court on the 13th of January nullified the election of Emeka Ihedioha of the Peoples Democratic Party (PDP) as the governor of Imo State.
The apex court declared Hope Uzodinma of the All Progressives Congress (APC) as the winner of the March 9th governorship election in the state. But since then, Emeka Ihedioha has being making moves on how to recover his supposed mandate from Hope Uzodimma.
The Recent move by Emeka Ihedioha to return as the governor of Imo state is with the law suit by RAP and its 2019 governorship candidate, Mr Kingdom Okeke. They approached the court seeking judicial interpretation on whether the All Progressives Congress (APC) indeed sponsored Mr Uzodinma in the 2019 Imo governorship election.
Mr Kingdom said the suit was predicated on the judgment of the Supreme Court which affirmed Uche Nwosu as the duly nominated 2019 Imo governorship candidate of the APC. He held that since Hope Uzodimma is not the candidate of the party, that his certificate of return should be withdrawn and issued back to Emeka Ihedioha.
The matter was adjourned severally and slated for a ruling today 29th of September until in a surprise move, Barr. Okere Kingdom issued a notice to discontinue the law suit against Governor Uzodimma Victory at the Supreme Court.
Before I end this article, i will like us to analyse the RAP Case.
The constitution provides for 14days for complaints arising from pre-election matter to be filed in court from the date of occourance of the event.
The Governorship primary of APC took place on the 20/10/2018. Neither of the parties challenging the election of senator Hope Uzodimma nor RAP filed any action within the time stipulated in the constitution to challenge the outcome of the APC primaries that brought Uzodimma as guber candidate of APC for the 2019 election.
The only pre election matter on the outcome of APC primaries that was filed in court was by Eze mmadumere before justice Orji of Imo state high court, who ruled in his judgment that Uzodimma was the rightful candidate of APC for 2019 governorship election. That judgment still holds sway till date and have not been appealed against or set aside till date.
The heavy weather being created by RAP and It’s co plaintiffs Emeka Ihedioha is needless, on the following grounds;
(a).All the cases and issues of law being bandied around today are all election or post election matters.
(b) you cannot argue or raise pre election matters in an election or post election matter. Doing so is contrary to the provision of the constitution and amounts to illegality which the courts will not condone.
(c) the current players do not have the right to challenge the outcome of that primary and even where such right exist, time within which it can be constitutionally exercised has been closed permanently. Not even the supreme court can open it.it will require the amendment of the constitution which is not possible. “Equity aides the vigilant not the indolent”, it is trite also that “where the law stipulates a manner in which a thing must be done, failure to follow the procedure renders anything done illegal and void”, the rebut table presumption of compliance with due process or of candidature of distinguished Senator Uzodimma as APC guber candidate is in favor of Uzodimma and APC there being no proper suit that challenged that in compliance with the constitution.
Although this issue were argued at the supreme Court for the first time by counsel to Ihedioha and the PDP Barr. Ikpeazu SAN and justice Amina in response stood down the case and corrected the wrong impression ikpeazu had and to effect that the supreme Court did not make any pronouncement on his clients nomination.
Similar issue was also raised during the review by idowu panje counsel for AA and Uche Nwosu in response again justice AMINA requested him to choose between the matter under review or the issue of nomination upon which she would strike out his suit thereon if he chooses the later and idowu apologised, withdrew his application on the nomination and candidacy of his client Uche Nwosu against Uzodimma and ruling was made on in thereon.
In conclusion and in the popular legal parlance,” you cannot put something on nothing and expect it to stand” the foundation of all these heavy weather creating applications are defective of the constitution and would definitely face striking out by the court even if Mr Kingdom did not discontinue it.
What are your thoughts?
Do you think Emeka Ihedioha will still return!
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