● Governor’s camp challenges timing of Okorocha’s suit, procedure adopted
● INEC’s response to replacement order yet to be confirmed
● Dispute could proceed to Supreme Court
By PHC Telegraph
The battle for the All Progressives Congress senatorial ticket for Imo West is moving towards another round of litigation, with Governor Hope Uzodimma’s camp announcing plans to challenge the Federal High Court judgment recognising former governor Rochas Okorocha as the party’s candidate.
Imo State Commissioner for Information, Declan Emelumba, said the Court of Appeal would be approached to reverse the decision, arguing that the trial court wrongly entertained the suit and adopted an inappropriate procedure for resolving disputed evidence.
The announcement followed Thursday’s judgment by Justice Obiora Egwuatu in Abuja, which set aside Uzodimma’s recognition as the APC nominee and directed the Independent National Electoral Commission to publish Okorocha’s name instead.
The court also ordered the APC to submit Okorocha’s name and restrained Uzodimma from presenting himself as its candidate for the senatorial election.
However, INEC’s next step remained unconfirmed as of this report. No verified post-judgment statement announcing compliance or an appeal by the commission had been located. An amended candidate list replacing Uzodimma with Okorocha had also not been independently verified.
The distinction is significant because INEC opposed Okorocha’s case at the Federal High Court. In its counter-affidavit, the commission maintained that its officials monitored the primary and reported that Uzodimma secured the highest number of votes.
That earlier position does not establish whether the commission will now challenge the judgment or implement the replacement order.
Emelumba’s statement confirmed the governor’s camp’s intention to pursue an appeal. A filed notice of appeal, appeal number or order suspending implementation had not been independently obtained for this report.
“As law-abiding citizens, we would explore the judicial avenues available to set aside the Federal High Court ruling and recover our mandate,” the commissioner said.
Two issues feature prominently in his criticism: when the legal challenge should have been filed and whether the dispute could properly be determined through originating summons supported by affidavits.
Emelumba argued that the time for challenging the outcome should run from the May 18 primary. Okorocha instituted his action on August 13, which the commissioner maintained was outside the prescribed 14-day period. He also disputed the court’s treatment of contested documents.
But THISDAY’s account of the judgment provides the trial court’s explanation on timing. Justice Egwuatu reportedly held that the relevant event was INEC’s August 1 publication of Uzodimma’s name, rather than the primary itself. On that basis, the court found the August 13 suit timely.
That disagreement over the event triggering the filing period could become a central issue in any appeal, alongside the competing evidence concerning the primary.
The Imo APC has maintained its support for Uzodimma. Its publicity secretary, Jones Onwuasoanya, said the governor remained the party’s candidate and that its legal department would study the judgment before determining its next action.
Okorocha’s camp welcomed the decision. His media adviser, Sam Onwuemeodo, described it as a victory for the judiciary and constitutional democracy.
The general legal position is that filing an appeal does not automatically suspend enforcement of a judgment. Any stay or other relevant judicial direction would therefore be important in determining implementation of the replacement order.
The dispute could ultimately reach the Supreme Court after proceedings at the Court of Appeal, although that course is not yet confirmed. For now, the outstanding developments are a verified appeal filing, any interim judicial orders and INEC’s formal response to the judgment.
