A Federal High Court in Abuja has rejected the petition to nullify declare the governor and Deputy governor’s seats vacant.
Forwarded by Mcfyne C. Chikwedu, the suit marked FHC/ABJ/CS/1085/2020 sought the sack of Governor Hope Uzodinma and his deputy, Prof Placid Njoku on the argument that their election did not meet the constitutional requirement to be declared winner of the March 9, 2019 gubernatorial election of Imo State.
But Justice Taiwo Taiwo on Monday, July 19 ruled that the applicant had no locus standi and that the suit was patently ‘non-justiciable.’
The judge also held that the case was a frivolous one since the Supreme Court already ruled on the matter and confirmed Uzodinma as the rightful winner.
He stated that his court was not an election tribunal that could sit on appeal over elections conducted by the Independent National Electoral Commission.
To this end, the court awarded Chikwedu INEC N250,000 as cost for bringing such a frivolous and meaningless suit to the court for adjudication.
INEC and the Attorney-General of the Federation were the first and second defendants, respectively.
“If I may ask, was he (Chikwedu) a contestant in the Imo Governorship Election in 2019? He only described himself in paragraphs 1 and 2 of the affidavit in support of the originating summons thus: ‘(1) That I am the plaintiff in this suit and an indigene of Ikeduru LGA of Imo State. (2) That by virtue of my position I am conversant with the facts of this case.’
“These averments are not enough to cloth the plaintiff with the toga of locus standi.
“It is a notorious fact that the issue of the Imo State governorship election has been litigated up to the Supreme Court; the Apex Court in the land on the 14th of January, 2020 and it was held among other things that Senator Hope Uzodinma is the winner of the Governorship Election of Imo State and that the Certificate of Returns be issued to him.
“This court cannot shut its eyes to these facts…This case has no legs to stand on. It is dead on arrival and nothing can be done to resuscitate it. I need to state that cases of this nature ought not to be permitted to see the light of day if not for the constitutional provision as to fair hearing.
“I am of the well-considered view that parties should desist from bringing such time-wasting suits to court knowing fully well that they have no chance to succeed. The time of the court is very precious.
“This case is dismissed in its entirety. This is the judgment of the court,” the judge ruled.