A Federal High Court has ordered Senator Hope Uzodinma to stop parading himself as the candidate of the All Progressives Congress, APC, for Imo West Senatorial District and directed the Independent National Electoral Commission, INEC, to recognise former Governor Rochas Okorocha as the authentic candidate of the party.

The court gave the order on Wednesday in Abuja while delivering judgment in a suit filed by Senator Rochas Okorocha challenging the emergence of Hope Uzodinma as the senatorial candidate of the APC for Imo West in the build-up to the general elections.

Justice Inyang Ekwo, who presided over the matter, held that the primary election which produced Uzodinma as the candidate of the APC for Imo West Senatorial District was conducted in flagrant violation of the party’s constitution, guidelines and the Electoral Act.

The court observed that evidence before it showed that the authentic primary election for Imo West was the one monitored by INEC officials and won by Senator Rochas Okorocha, while the purported primary that produced Uzodinma was not validly conducted and lacked legal backing.

According to the judge, the APC, having conducted a valid primary which produced Okorocha, had no lawful basis to forward the name of another person to INEC as its candidate for the senatorial district, as doing so amounted to illegality and abuse of process.

Justice Ekwo therefore declared that Rochas Okorocha is the validly elected and authentic candidate of the APC for Imo West Senatorial District and ordered that all rights and privileges accruable to the candidate should be accorded to him.

The court further issued an order of perpetual injunction restraining Hope Uzodinma, his agents, privies, supporters and anyone acting on his behalf from parading himself, holding himself out or campaigning as the candidate of the APC for Imo West Senatorial District.

In addition, the court ordered the Independent National Electoral Commission to immediately expunge the name of Hope Uzodinma from its list of candidates and replace it with the name of Rochas Okorocha as the APC candidate for Imo West Senatorial District.

The court also directed INEC to publish the name of Rochas Okorocha as the APC candidate and accord him all necessary recognition and facilities to enable him to contest the election as the flag bearer of the party in the district.

The judgment followed months of legal battle between the two prominent APC chieftains in Imo State over who is the rightful candidate of the party for Imo West, a senatorial zone that is considered a stronghold of the party.

Rochas Okorocha, who is a former governor of Imo State and immediate past senator representing Imo West, had approached the court to challenge the decision of the APC National Working Committee to submit the name of Hope Uzodinma to INEC.

Okorocha, in his suit, contended that he purchased the nomination and expression of interest forms, was duly screened and cleared to contest, and participated in and won the primary election conducted by the party and monitored by INEC officials.

He told the court that to his surprise, the party later forwarded the name of Hope Uzodinma, who is the current governor of Imo State and was not an aspirant for the senatorial position, to INEC as its candidate for Imo West.

Okorocha’s counsel argued that the action of the APC was illegal, unconstitutional, null and void and in breach of Section 84 of the Electoral Act, 2022, which provides for the conduct of primary elections by political parties.

He urged the court to declare that the plaintiff, having won the valid primary, remains the authentic candidate of the party and to order INEC to recognise him as such, as well as to restrain Uzodinma from parading as candidate.

On his part, counsel to Hope Uzodinma had argued that the governor was validly nominated by the party as its consensus candidate for Imo West, following wider consultations and strategic decisions taken by the leadership of the APC in Imo State.

He contended that the party has the prerogative to nominate any qualified person as its candidate and that the court lacks jurisdiction to interfere in the internal affairs of a political party, urging the court to dismiss the suit for lack of merit.

The APC, in its own defence, had claimed that the primary which produced Okorocha was not authorised by its National Working Committee and that the primary that produced Uzodinma was the one duly sanctioned and recognised by the party leadership.

However, Justice Ekwo, after evaluating all the evidence, affidavits and written addresses filed by the parties, held that the APC failed to prove that the primary that produced Uzodinma was conducted in accordance with the law and its own guidelines.

The court noted that INEC, which is the statutory body mandated to monitor party primaries, had in its report confirmed that it monitored the primary election won by Okorocha and did not monitor any other primary for Imo West APC.

It held that any primary election not monitored by INEC is invalid, null and void and of no effect whatsoever, as provided under Section 84 of the Electoral Act, and therefore the purported nomination of Uzodinma cannot stand.

The court also held that the argument that the issue is an internal affair of the party cannot hold water where the party has acted in clear violation of its own constitution and the provisions of the Electoral Act, as the court has powers to intervene to ensure justice.

Consequently, the court granted all the reliefs sought by Rochas Okorocha, declared him as the valid candidate, ordered INEC to recognise him, and restrained Uzodinma from further parading himself as the candidate for Imo West Senatorial District.

Reacting to the judgment, counsel to Rochas Okorocha, described the judgment as a victory for democracy, rule of law and internal party democracy, stating that it has reaffirmed the principle that political parties must respect their own rules and the law.

He said the judgment has restored the hope of party members that the judiciary remains the last hope of the common man and will always ensure that impunity and lawlessness are not allowed to thrive in the nation’s political system.

On the other hand, counsel to Hope Uzodinma said his client would study the judgment and decide on the next line of action, hinting that an appeal may be filed against the judgment at the Court of Appeal.

Political observers in Imo State say the judgment, if not reversed on appeal, could significantly alter the political equation in Imo West Senatorial District and has implications for the internal cohesion of the APC in the state ahead of future elections.

As at the time of filing this report, neither the All Progressives Congress nor the Independent National Electoral Commission has issued an official statement on the judgment, but sources within INEC said the commission would comply with the court order once it receives a certified true copy.

Supporters of Rochas Okorocha have been celebrating the judgment in various parts of Imo West Senatorial District, describing it as a well-deserved victory and a vindication of their long-held position that Okorocha remains the choice of the people.

Meanwhile, stakeholders in Imo West Senatorial District have called for calm and restraint among supporters of both political camps, urging them not to engage in actions that could breach the peace or lead to breakdown of law and order in the area.

They emphasised that the court has spoken and that the appropriate channel for any aggrieved party is to approach the appellate court rather than resort to self-help, intimidation or violence, which could destabilise the political atmosphere in Imo State.

The Imo State chapter of the APC is said to be holding a series of emergency meetings to deliberate on the implications of the judgment on the party’s structure and electoral fortunes, particularly as it concerns the unity of the party ahead of upcoming elections.

Sources within the party revealed that efforts are already being made to reconcile Rochas Okorocha and Hope Uzodinma, with party elders intervening to ensure that the crisis does not further polarise the APC in Imo State and affect its chances at the polls.

Legal experts have also weighed in on the development, noting that the judgment underscores the importance of strict compliance with the Electoral Act and party constitutions, and serves as a warning to political parties that impunity in the conduct of primaries will no longer be tolerated by the courts.