Two Registrars of the Nigerian Supreme Court (names withheld by CHECKPOINTCHARLEY) have been accused by both the Peoples Democratic Party (PDP), the Action Alliance (AA) and Civil Society groups of conniving with the ruling All Progressives Congress, APC, to frustrate the hearing of the appeals of both the PDP and AC, seeking the sacking of Hope Uzodinma as governor of Imo State.
It is alleged that both registrars are doing all within their powers to make sure that the appeals are not heard until after the November 11 Imo State governorship election, in order to defeat the purpose of the said appeals.
Mr. Uzodinma is seeking ‘reelection.’
Recall that both the PDP and its candidate, Emeka Ihedioha and Uche Nwosu of the AA had instituted two separate appeals asking the Supreme Court to enforce its own judgement in 2019, in which it held that APC had no valid governorship candidate for the Imo 2019 governorship election, after it emerged that Mr. Nwosu was doubly nominated by both the APC and the AA.
That was after Mr. Ihedioha was sacked as Imo governor in a shocking decision on January 14, 202o, and after he had unsuccessfully summoned the learned justices to reverse themselves in an appeal later.
Now, it seems that bizarre decision of the Supreme Court is still haunting the apex court as late Justice Centus Nweze had predicted.
“The decision of the Supreme Court in the instant matter will continue to haunt our electoral jurisprudence for a long time to come,” Nweze had said in a dissenting judgement in a case brought by Ihedioha asking the court to overrule itself – by setting aside the January judgement that absurdly declared Hope Uzodinma as governor-elect, despite the fact that the same court in sacking Mr. Nwosu ruled that the APC had no valid candidate for the 2019 Imo Governorship election.
A disappointed Nweze had added that without evidence of meeting other constitutional provisions, the court misled itself into declaring Mr Uzodinma as governor.
Presently, it appears that the Supreme Court is dodging the legal mess it created by ‘erroneously’ declaring Uzodinma governor, based on the allegation that two registrars of the court are ensuring that the appeals mentioned above are not scheduled for hearing.
But there is no way of around the legal dilemma the apex court had plunged itself into with the Imo governorship decision other than rise to its constitutional responsibility and enforce its own judgement – that the APC had no candidate, as both Ihedioha and Nwosu had called upon the court to do.
They are asking the court to give effect to its own judgment disqualifying Mr. Nwosu in 2019 as the APC Imo governorship, which if upheld would lead to the sacking of Mr. Uzodinma as governor – because according to the legal principle, you cannot build something on nothing. It would then mean in the eyes of the law that Uzodinma either did not take part in that election, or illegally participated in it.
The PDP is further asking the court to return its candidate Ihedioha, who many legal scholars say was wrongly sacked by the apex court in 2020, as the winner of the election. While Mr. Nwosu is urging the Supreme Court justices to order a rerun.
The question both the PDP and AC seem to be asking is: at what point did Uzodinma become the governorship candidate of the APC when the Supreme Court had sacked Nwosu?
After a three-year delay, the appeals by the PDP and AC were slated for hearing on October 31, according to a notice sent by the court to Mr. Nwosu.
But there are currently rumours that, based on attempts by the ruling party to politically influence the court, the case has been shifted to December 5, 2023 – after the Imo November 11 governorship election, which would operate to frustrate the legal remedies being sought by both PDP and the AC.
Reacting to the whispers, at least 50 CSOs have cautioned the Supreme over rescheduling the matter.
The Citizens for Democracy and Justice (CDJ) alleges that “there are clandestine attempts to postpone the date for hearing of the suit pending at the Supreme Court over the 2019 governorship election in Imo State, filed by the All People’s Party, APP, and the People’s Democratic Party, PDP, slated for 31st of October, 2023.”
It fingered two registrars of the Supreme Court of taking steps to make sure that the case is not heard before the Imo November election.
However, the group warned that the already scheduled date – October 31st, 2023 must be allowed to stand.
“Civil Society and other pro democracy organizations shall resist any attempt to move this date,” CDJ said.
It added that “The fact that it took the Supreme Court over three years to list the matter for hearing remains a source of worry to all well-meaning Nigerians.”
The statement said, “Now that it’s been fixed for 31st October, 2023, we are shocked to be informed of clandestine moves to move the date further, to suit the interest of some rogue politicians who, according to sources have moved to compromise the system.
“We have it on good authority that some persons within the ranks of the Supreme Court have been hired to frustrate the matter further, by ensuring that it is further delayed.
“Our sources further hinted that the Chief Justice of Nigeria, Justice Olukayode Ariwoola, may not be in the know, as the individuals involved have concluded plans to change the date, before going to the CJN with tales of why it had to be postponed.
“It is no longer news that the Independent National Electoral Commission has fixed November 11 2023 for governorship election in Imo State. To imagine that we are still talking about litigation arising from the 2019 election, nearly four years after, is to say the least, shameful.
“Changing the date of the hearing and final determination of the matter, beyond 31st October will not be in the interest of anyone.
“It is in the interest of justice, fairness, electoral jurisprudence and indeed the survival of our democracy that the date is not moved any further.
“As we are aware that the Honourable Chief Justice of Nigeria may not be in the know of the efforts of some compromised powerful persons within the Supreme Court to cast a slur on the integrity of the Apex Court, we hereby draw his attention to the move.
“We therefore demand that, in the interest of justice, this matter be heard and determined once and for all, when the beneficiaries will enjoy the fruits of justice and not when it becomes mere academic exercise.
“We hereby call on the CJN, Justice Olukayode Ariwoola, to immediately intervene, to ensure that the corrupt persons within the system do not have their way.
“It is important that this matter is resolved as soon as possible.”
If the case is heard as scheduled and the appeals are upheld, it would alter the political equation in Imo and the November 11 governorship election would be cancelled.
Attempts to get the comments of the Supreme Court Registrar as the time of filing this report were not fruitful. However, the court had remained silent over the news making rounds on Social Media that the hearing of the appeals had been shifted to December 5, 2023.
cpcnews.org 