• Orders INEC to publish ex-governor’s name
Alex Enumah in Abuja
Justice Obiora Egwuatu of the Federal High Court, Abuja, yesterday, ordered the governor of Imo State, Hope Uzodinma, to immediately stop parading himself as the candidate of All Progressives Congress (APC) for the Imo West Senatorial election slated for January 16, 2027.
Egwuatu issued the order after holding that Uzodinma did not win the May 18 primary election conducted by APC and monitored by the Independent National Electoral Commission (INEC).
The judge, in his judgement, held that evidence presented before the court proved that former Governor Rochas Okorocha actually won majority of the votes cast at the poll, and he should be declared the candidate of APC in the Imo West Senatorial election.
Okorocha had dragged INEC, APC, and Uzodinma to court following the substitution of his name with that of Uzodinma as candidate of APC in the senatorial election.
The former governor, in the suit marked: FHC/ABJ/CS/1854/2026, queried why his party should submit the name of the incumbent governor as its candidate, and why INEC should publish same after announcing him as winner of the May 18 primary election.
Among the reliefs he sought from the court included an order nullifying and setting aside the submission of the name of Uzodinma and publishing of same, for being unlawful, unconstitutional, and in breach of the electoral laws.
Okorocha also prayed the court to declare him as candidate of APC in the said election and sought an order to the electoral umpire to publish his name as the rightful candidate of APC.
Responding, INEC, APC and Uzodinma, while claiming that Uzodinma won majority of the votes cast, urged the court to dismiss the case for being statute barred.
However, delivering judgement on the matter, yesterday, Egwuatu held that the case by Okorocha was filed within the 14 days required by law. He explained that contrary to the submissions of the defendants, the date of the cause of litigation was August 1, when INEC published the name of Uzodinma as APC’s candidate, and not May 18, when the primary election was conducted, or July 14, when APC forwarded Uzodinma’s name to INEC.
The court also dismissed the defendants’ argument that Okorocha ought to have appealed the outcome of the primary, wondering how a person who won an election should challenge his own victory.
Having held that the case was justiciable and that the court had jurisdiction to entertain the suit, the court then delved into the issue of who won the primary election.
Egwuatu stated that after a thorough examination of all documents presented by the applicant and the defendants, it was obvious that Okorocha won the May 18 primary but was denied the victory.
According to the judge, the documents presented by the defendants showing Uzodinma won the primary election were “fabricated”.
The court, in addition, described the action of the defendants as “an afterthought”, because the “respondents’ documents were made up after it became clear that the applicant won the primary”.
Egwuatu said, “Majority of the documents tendered by APC to support the purported nomination of Uzodimma (3rd respondent) contradicts each other, indicating that they were clearly fabricated for the unlawful purpose of nominating the 3rd respondent as candidate.
“In view of the doubt cast on the authenticity of the documents, the court cannot ascribe probative value to the purported documents.”
Dismissing allegations that Okorocha forged INEC documents, the court observed that the respondents did not present the authentic documents to substantiate the allegation of forgery.
Egwuatu further faulted APC for refusing to provide Okorocha with the INEC form to complete as candidate of APC for Imo West Senatorial District, despite several requests by the applicant.
The judge stated that the failure of the party to issue Okorocha the said form was a “calculated attempt to deny the applicant his hard won victory”, adding that “the substitution of the applicant’s name with that of the 3rd respondent is not in conformity with the law and APC’s constitution”.
Egwuatu stated, “Once an election is validly held and a winner emerged, the party cannot cancel… or refuse to forward the name of the winner to INEC”. He added that the refusal to submit Okorocha’s name was a breach of the law.
The judge subsequently declared that it was unlawful for APC to substitute the name of Okorocha with that of Uzodinma and for INEC to go ahead to publish same.
The court also declared as unconstitutional INEC’s reception of Uzodinma’s name from APC and recognition of the governor as the party’s candidate, “when it was not the 3rd respondent that emerged winner of the May 18 primary election for Imo West Senatorial election.
“The applicant being winner of the primary election is the person lawfully entitled to have his name forwarded and published by INEC.”
Egwuatu, citing Section 183 of the 1999 Constitution, held that the publication of Uzodinma’s name as winner of the poll was wrongful.
The court stressed that Okorocha was the lawfully nominated candidate of APC, having scored the highest votes cast at the poll.
The judge subsequently made an order setting aside the declaration of Uzodinma as candidate for Imo West, saying that in his place, INEC should restore the name of Okorocha.
Egwuatu made the following orders, “An order directing the name of the applicant forwarded to INEC as candidate of the APC in the Imo West Senatorial election and publishing of same by INEC.
“An order prohibiting the 3rd respondent from parading himself as candidate of the APC in the Imo West Senatorial election.”
Okorocha’s son, Amen Rochas, who is also his (Okorocha’s) Special Adviser on Political Matters, commended the judiciary for what he called its fair judgement, despite alleged attempts to arm-twist the courts, using fake news.
He stated, “I must salute the judiciary. With all this fake news that happened just recently, I’m sure it was to arm-twist the judiciary, but they stood firm.”
He also commended his father for remaining focused on President Bola Tinubu’s campaign, despite overwhelming pressure arising from the dispute.