The apex court had in a judgment delivered on December 20, 2019 found that Nwosu was nominated by both Action Alliance (AA) and the All Progressives Congress (APC) and consequently nullified his nomination.
In another judgment delivered on January 14, 2020 in SC/462/2019, however, the apex court without making reference to its earlier judgment referred to above declared Hope Uzodinma the winner of the election on the platform of the same APC that had been found to nominate Nwosu.
As shown in the stamped copy of the application, it was duly received by the apex court on July 9, 2020. Upon enquiry, the court could not give any response as to why it has refused to list the application for hearing.
In an affidavit filed in support of the application which was deposed to by a legal practitioner, Adedamola Farokun, working in the Legal Department of the PDP, he averred thus:
“That this court has the constitutional, inherent powers and jurisdiction to grant the reliefs sought and give effects to its judgment.
“That it is in the interest of justice for this court to exercise its wide discretionary powers in favour of granting this application as prayed.”
In the application filed on behalf of the PDP by Philip Umeadi, the party is asking the court to declare that the governor of Imo State, Hope Uzodinma was not the candidate of the APC based on the court’s judgment that Nwosu was nominated by both the APC and the Action Alliance.
PDP is also asking the court for an order enforcing or otherwise directing the enforcement and or giving effect to the judgement of the court in the case delivered on the 20th December 2019 wherein the court held that Nwosu was nominated by both APC and AA and consequently declared his nomination a nullity.
PDP is asking of the Supreme Court to hold that “both the Action Alliance (AA) and the All Progressive Congress (APC) did not sponsor and/or field any candidate for the governorship election held in lmo State on 9th March, 2019 in view of the double nomination of the Appellant/Respondent by the two political parties aforesaid, and his subsequent disqualification as their gubernatorial candidate, as found by this honourable court in the judgment delivered on 20th December, 2019.”
The party asked the court for an order sequel to the above that Senator Hope Uzodinma was not a candidate by himself or of any party at the Imo State Governorship election held on 9th March, 2019.
PDP also asked the court for an order directing the Independent National Electoral Commission to withdraw the certificate of return issued to Senator Hope Uzodinma.
It asked the court “for an order further directing the 4th respondent to issue a certificate of return to the gubernatorial candidate of the 3rd Respondent/Applicant, Rt. Hon. Emeka Ehedioha in the lmo state Governorship election held on 9th March. 20L9 as the duly elected governor of lmo state, having scored the second highest number of votes in the said election sequel to the judgment of this court in Appeal No SC/1462/2019 Hope Uzodinma & Anor vs Rt. Hon Emeka Ihedioha & Others delivered on 14th January,
The party further sought an order sequel to the above, directing that the said gubernatorial candidate of the 3rd Respondent/Applicant in the lmo state Governorship election held on the 9th March 2019 Rt. Hon. Emeka lhedioha be immediately sworn in as the governor of lmo State.
PDP stated the grounds for the application thus: “The court found that the Appellant/Respondent was nominated by both APC and AA as their gubernatorial candidate for the lmo state governorship election and conclusively held that he was disqualified by the provisions of S. 37 of the Electoral Act (as amended), for double nomination.
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