EXECUTIVE SUMMARY OF THE APPLICATION FILED BY THE PEOPLES DEMOCRATIC PARTY [PDP] AND ACTION PEOPLES PARTY [APP] TO EXECUTE OR ENFORCE THE JUDGMENT DELIVERED BY THE SUPREME COURT IN SC/1384/2019 – UGWUMBA UCHE NWOSU Vs APP & ORS ON 20th DECEMBER, 2019.
1.0 INTRODUCTION
1.1. In the run up to the 2019 general elections, the Action Peoples Party [APP],its Imo State Governorship candidate Mr. Uche Nnadi and the Peoples Democratic Party [PDP] approached the Federal High Court, Abuja; seeking, amongst other reliefs, the disqualification of Ugwumba Uche Nwosu from contesting the Imo State Governorship election on the ground that he [Ugwumba Uche Nwosu] was nominated as Governorship candidate by two [2] political parties namely: Action Alliance [AA] and All Progressives Congress [APC] contrary to Section 37 of the Electoral Act 2010 [as amended] which forbids double-nomination.
1.2 Upon being served with the originating processes, the Defendants in that suit: Ugwumba Uche Nwosu, Independent National Electoral Commission [INEC] and Action Alliance [AA] filed their various counter-affidavits to the originating summons including preliminary objections to the jurisdiction of the Honourable Court to entertain the suit. After hearing parties, the Court delivered a well-considered judgment on the 19th August, 2019; wherein it dismissed the preliminary objection and proceeded to grant all reliefs claimed by the Plaintiffs including an order disqualifying Ugwumba Uche Nwosu from contesting the Imo State Governorship election on the platform of any party for double nomination contrary to Section 37 of the Electoral Act [supra].
1.3 An appeal by Ugwumba Uche Nwosu to the Court of Appeal, Abuja Division against the judgment was dismissed for lacking in merit on the 28th October, 2019. A further appeal by Ugwumba Uche Nwosu to the Supreme Court was also dismissed for being without substance in the judgment delivered by the apex court on 20th December, 2019. In the said judgment, the Supreme Court, in the lead judgment delivered by Honourable Justice Amina Augie, upheld the findings of both the trial court and the Court of Appeal with respect to the fact that Ugwumba Uche Nwosu was the Imo State Governorship Candidate of the Action Alliance [AA] and the All Progressives Congress [APC] contrary to Section 37 of the Electoral Act [supra] and sustained his [Ugwumba Uche Nwosu] disqualification from contesting the Imo State Governorship election.
1.4 It is this judgment of the Supreme Court delivered on 20th December, 2019 that the motion on notice currently pending before the Supreme Court intends to enforce.
2.0 MOTION ON NOTICE FOR ENFORCEMENT OF THE JUDGMENT DELIVERED BY THE SUPREME COURT ON 19th DECEMBER, 2019 IN SC/1384/2019 – UGWUMBA UCHE NWOSU Vs APP & ORS
2.1 The motion on notice currently pending before the Supreme Court seeks the enforcement of the judgment delivered by the Court and is brought pursuant to the provisions of Section 6[6] (A) and Section 287[1] of the Constitution of the Federal Republic of Nigeria 1999 [as amended], Section 22 of Supreme Court Act 2004 and Order 8 Rule 17 of the Supreme Court [Amendment] Rules 2014. The motion is premised on the following grounds:
a. The candidature of Ugwumba Uche Nwosu was nullified for being invalid for reason of his double-nomination by two [2] political parties: Action Alliance [AA] and All Progressives Congress [APC] contrary to Section 37 of the Electoral Act [supra].
b. By reason of the above, the All Progressives Congress [All Progressives Congress] did not field any Governorship candidate in the Imo State Governorship election and as such cannot be returned as the winner of the Imo State Governorship election.
c. The Peoples Democratic Party [PDP] Governorship candidate, Rt. Hon Emeka Ihedioha, having polled the highest number of votes cast at the Imo State Governorship election, ought to be declared winner of the said election as the acclaimed winner [All Progressives Congress] did not field any candidate following the disqualification of its duly nominated candidate, Ugwumba Uche Nwosu.
2.2 In support of the motion is a twenty [20] paragraph affidavit deposed to by Adedamola Farokun Esq, a Legal Practitioner working with the Peoples Democratic Party [PDP] to which four [4] exhibits: Exhibits “PDP1” [Judgment delivered on by the Federal High Court coram Honourable Justice Inyang Ekwo on 19th August, 2019], “PDP2” [Judgment delivered by the Court of Appeal, Abuja Division on 28th October, 2019], “PDP3” [Judgment delivered by the Supreme Court in SC/1384/2019 on 20th December, 2019] and “PDP 4” [Judgment delivered by the Supreme Court on 14th January, 2020 returning Senator Hope Uzodinma as the Governor of Imo State] were annexed.
2.3 The prayers sought in the motion on notice in a nutshell are:
a. An order enforcing the judgment delivered in SC/1384/2019 by holding that Ugwumba Uche Nwosu was the Imo State Governorship candidate of both the Action Alliance [AA] and the All Progressives Congress [APC] and was disqualified for double nomination. And consequential orders to the following effect:
b. An Order to the effect that the All Progressives Congress [APC] did not field any Governorship candidate in the Imo State Governorship election following the disqualification of its duly nominated Governorship candidate in the person of Ugwumba Uche Nwosu for double nomination and as such cannot be returned as the winner of the Imo State Governorship election.
c. An order directing the swearing in of the Governorship candidate of the Peoples Democratic Party [PDP] Rt. Hon. Emeka Ihedioha as the Governor of Imo State.
