In the legal, political and even technical perspective Uzodinma wasn’t the authentic governorship candidate of APC in Imo . Uche Nwosu was the actual candidate. This was established by various courts: The Federal High Court, Owerri, Appeal Court sitting in Abuja and the apex court in their successive rulings in a suit initially filed by Uche Nnadi a chieftain of Action Alliance (AA)
Nnadi had dragged Uche Nwosu, AA candidate in the 2019 Imo governorship election to the Federal High Court Owerri pressing the court to disqualify him for being the valid governorship candidate of both AA.and APC . The court granted his request by affirming Nwosu to be the authentic candidate of the two parties.
Nwosu was accordingly disqualified by the court. As a result he headed for the Appeal Court, Abuja Division seeking that the decision of the lower court be vacated. The Appeal Court upheld the lower court ruling that Nwosu was the candidate of the two political parties
On December 20, 2019 the apex court finally endorsed the decision of the Appeal Court. The court hinged its verdict on the fact that Nwosu was the authentic candidate of APC given that he had the valid ticket of the party
Besides, the court dismissed the argument pushed by Nwosu’s counsel that the matter had time limitation. While delivering the judgment, Justice Augie submitted: “The appellant cannot be allowed to benefit from his own iniquity. The case rests on the issue of illegality and this court cannot be used to enforce illegality”.
Based on the judgments of the courts that he ran the election on two tickets resulting in his disqualification, Nwosu embarked on.two actions. First, he logically withdrew his appeal against Rt. Hon. Emeka Ihedioha at the apex court. “Based on the judgment of the Supreme Court in Appeal SC 1384/2019 and subsequently on my advice to my client, we have decided to withdraw the appeal”, Solomon Umoh, (SAN) counsel to Nwosu noted.
Second, Nwosu consolidated his membership of APC. On his return to Owerri after the apex court judgment Nwosu told.journalists at Sam Mbakwe International Cargo Airport that ” the Supreme Court has said it all I am the.authentic candidate of APC even though another person was merely foisted on the party”. Nwosu was right. Uzodinma was puzzlingly and illegally imposed on the party by the likes of Amodu Sheriff and Adams Oshiomole. According to Nwosu, the declaration of his validity as APC candidate by the courts has significantly affirmed his membership of APC even though he also ran election on the platform of AA.
Although the apex court had on 14 January 2020 also declared Uzodinma candidate of APC and consequently winner of the election, a development that has effectively been flawed as a gross miscarriage of justice, whichever way it is evaluated, Uzodinma wasn’t duly the APC candidate
This is because the earlier.endorsement of Nwosu by the courts as APC candidate invalidated any other ticket. On the contrary, the subsequent validation of Uzodinma as APC candidate has created a deep conflict that invalidated the the two candidates tickets because it is a nullity to have two flagbearers for the same position in the same election. Both the constitution of Nigeria as amended and 2010 Electoral Act that guides the voting process do not have provision for double candidacy
Nwosu’s counsel Solomon Umoh drove this point home eloquently at the apex court after the judgment was passed. “My Lordship,. the issue has been addressed as to the validity of the APC candidate. It is not possible for APC to have two candidates”, he submitted.
The conflicting pronouncements by the apex court over the authentic governorship candidate of APC in Imo has created somewhat confussion and has further challenged Uzodinma’s legitimacy to be governor.
This realization makes. it imperative for the apex court to revisit the APC Imo governorship candidacy as it reviews the January. 14 controversial judgment towards resolving the puzzle .