The Federal High Court, Abuja on Tuesday, dismissed, with cost, a suit filed by the Reform and Advancement Party (RAP) and its candidate in the 2019 Imo State gubernatorial election, Okere Kingdom, seeking the removal of Governor Hope Uzodinma from office.
In the suit filed in July 2020, RAP and its governorship candidate asked the court to restrain Uzodimma from acting as Imo State governor.
Okere Kingdom, a lawyer, said the matter was of constitutional importance because Uzodinma, according to him, is occupying the seat of governor illegally, having not participated in the 2019 election as a candidate of any political party.
Specifically, the plaintiffs want a judicial interpretation on whether the All Progressives Congress (APC) indeed sponsored Uzodinma in the 2019 Imo governorship election.
However, when the matter came up on Tuesday, RAP brought an application dated September 24, 2020 for the withdrawal of the suit, seeking the court to make a consequential order striking out the suit.
But, defence counsel, M.A. Aguma, Idris Yakubu and Hassan Umar (SAN), appearing for Uzodinma, governor of Imo State and the Independent National Electoral Commission (INEC) respectively asked for a cost of N8 million and N5 million respectively for the expenses incurred in joining issues in the matter.
In dismissing the suit, the trial judge, Justice Okon Abang awarded the sum of N500, 000 in favour of Uzodinma, the office of the governor and INEC.
He said: “The justice of the case demands that they be given cost, having filed counter affidavit and objections and served and then the plaintiffs decide to withdraw the suit that is weak and manifestly unsupportable.
“The Supreme Court has decided on the subject matter in this suit, the consequential order to be made is the order dismissing this suit. I so hold.”
Okere Kingdom predicated his suit on the judgment of the Supreme Court which had affirmed Uche Nwosu as the duly nominated 2019 Imo governorship candidate of the APC.
One of the issues he wanted the court to determine was whether Uzodinma lawfully participated and was sponsored by the APC to contest the 2019 Imo governorship election in accordance with Section 177 (c) of the 1999 Constitution.
“This is having regard to the tenor, clear and unambiguous legal implications of the judgment of the Supreme Court of Nigeria in appeal No: SC/1384/2019 which upheld the decision of both the Court of Appeal and the Federal High Court and affirmed Uche Nwosu as the authentic and duly elected, nominated 2019 Imo State governorship candidate of the APC,” Okere told the court.
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