Federal High Court sitting in Abuja has been urged to disqualify the flag-bearer for the Action Alliance (AA) in the 2019 Imo state gubernatorial election, Ugwumba Uche Nwosu from participating in the forthcoming governorship election in Imo State, Igbere Tv reports.
This is after-effect to an application brought by the Action People’s Party (APP) against Uche Nwosu for multiple nomination by two different political parties.
The court has directed the plaintiff to serve Uche Nwosu the originating process to come and show the reason why he should not be disqualified from further participation in the Imo gubernatorial election.
According to the papers filed before the court and obtained by Igbere Tv correspondent, in October 2018, Nwosu had submitted his All Progressives Congress (APC) nomination form to the Independent National Electoral Commission (INEC) as the candidate for the party in the 2019 Imo State governorship election.
Uche Nwosu further submitted two valid court orders made by High Court of FCT, Abuja and Federal High Court, Owerri, recognising him as the authentic candidate for the APC in the Imo governorship election.
While he continued to hold on to his nomination as APC candidate as ordered by the court, Nwosu submitted another nomination form to the Independent National Electoral Commission to the effect that he had been nominated by the Action Alliance as its candidate for the 2019 Imo governorship election.
According to some senior lawyers who spoke with Igbere Tv newsmen, by the provision of Section 37 of Electoral Act 2010 (As Amended), multiple nomination such as the one done by Nwosu leads to automatic disqualification of the candidate. The lawyers opined that it is a serious infraction of the Electoral Act which attracts a penalty of disqualification of such candidate by INEC.
The lawyers stated that the case of Nwosu is similar to that of Uju, Kingsley Chima, that was disqualified by INEC as a candidate for Ohaji/Egbema, Oguta OruWest federal constituency for multiple nominations by both Action Alliance and Democratic Alternative.
The lawyers stated that even if INEC refuses to disqualify Nwosu before the election, in the event such candidate is declared winner, the court will still nullify the election as was done in the case of Governor Aliyu, Magatakarda Wamako, whose election was nullified by the Court of Appeal for having both the ANPP and PDP nomination in violation of the provisions of Electoral Act. They opined that as soon as this is proved and brought to the attention of INEC, Nwosu will stand automatically disqualified.
It is therefore very likely that Nwosu might not be eligible to stand for the election on March 9, 2019, and the battle will be between main contenders such as Senator Hope Uzodimma of the All Progressives Congress (APC), Hon. Emeka Ihedioha of the Peoples Democratic Party (PDP) and Senator Ifeanyi Ararume of the APGA.
According to Section 37 of the Electoral Act 2010 (as amended), “where a candidate knowingly allows himself to be nominated by more than one political party and or in more than one constituency, his nomination shall be void,” Igbere Tv reports.
