The Supreme Court has slammed a N40 million cost on Chief Mike Ozekhome (SAN) for aiding the People’s Democratic Party (PDP) and its flag-bearer in the 2019 governorship election in Imo State, Emeka Ihedioha, to file what the court termed a frivolous motion to get it to sack Governor Hope Uzodimma.
Imposing the fine on Tuesday, Justice Tijani Abubakar had dismissed the motion by Ihedioha and the PDP, in the lead ruling by a seven-man panel headed by Justice John Okoro.
The apex court dismissed the application for lacking in merit, describing it as strange, frivolous, baseless, unwarranted and vexatious.
He further held that the motion was a calculated design to make mockery of the Supreme Court.
The applicants had prayed the court to set aside its January 14, 2020 judgment replacing Ihedioha with Hope Uzodimma of the All Progressives Congress (APC) as the Governor.
In their motion, Ihedioha and the PDP argued that Uzodimma was not validly nominated by the APC to contest the 2019 election.
They urged the court to invalidate the years Uzodimma spent in office as Governor.
The applicants were joined as interested parties in an appeal originally filed by Uche Nwosu, who was the Governorship Candidate of the Action Alliance (AA) in the 2019 election.
Ihedioha and PDP also urged the Supreme Court to give effect to its 2019 judgment that disqualified Nwosu on the ground that he had dual nomination, having been nominated by both the AA and the APC for the same governorship election.
They argued that since the apex court recognised Nwosu as a candidate of the APC, there was no legal basis for the judgment sacking Ihedioha and declaring Uzodimma (who it also found to have been sponsored by the same APC and for the same election) as the actual winner.
The applicants urged the Supreme Court to restore Ihedioha to office since the APC could not legally sponsor two candidates for the same election.
They argued that since Uzodimma did not contest the election as an independent candidate, there was no basis for him to be recognised as the validly elected governor.
Ihedioha and the PDP argued that there was no rationale for the November 11 governorship election because Ihedioha had yet to conclude his tenure.
However, the court noted that it lacked jurisdiction to entertain a motion filed over a governorship election held four years ago.
Members of the court’s panel drew Ozekhome’s attention to the futility of his clients’ efforts and why he should withdraw the motion.
However, Ozekhome ignored the Justices’ counsel and proceeded to move the motion.
The N40 million charge will be paid to the Action People’s Party (APP), Uche Nnadi, Uche Nwosu and the Independent National Electoral Commission (INEC).
In the motion considered to be frivolous by the court, Ozekhome had asked the court for a consequential order to compel INEC to issue a fresh Certificate of Return to Ihedioha to enable him spend a four-year tenure as Imo Governor.
