Constitutional lawyer and public affairs analyst, Justice Osai Ahiakwo, has questioned the authorized foundation of the Federal High Court judgment recognising former Imo State governor, Rochas Okorocha because the All Progressives Congress, APC, candidate for Imo West Senatorial District within the 2027 elections.
Ahiakwo stated the ruling raised questions on compliance with the constitutional 14-day restrict for instituting pre-election circumstances, stressing that the court docket’s jurisdiction have to be established earlier than the deserves of the dispute will be thought-about.
The court docket, presided over by Justice Obiora Egwuatu, ordered Governor Hope Uzodimma to cease presenting himself because the APC candidate for the district and directed the get together to recognise Okorocha.
In a authorized evaluation of the judgment, Ahiakwo cited Section 285(9) of the 1999 Constitution, as amended, which requires pre-election issues to be instituted inside 14 days of the occasion, determination or motion being challenged.
He famous that the APC reportedly carried out its Imo West senatorial main on May 18, 2026, whereas Okorocha instituted his swimsuit on August 13, elevating questions on whether or not the motion was filed throughout the constitutionally prescribed interval.
However, he stated the decisive problem was the particular determination or motion challenged within the swimsuit, including that the court docket must decide whether or not the case involved the conduct of the first or a definite subsequent determination on the popularity of the get together’s candidate.
According to him, a subsequent administrative determination doesn’t robotically revive a reason behind motion that has turn into statute-barred.
Where a swimsuit is filed outdoors the relevant constitutional interval, he added, a beneficial determination on its deserves can’t remedy the jurisdictional defect.
On the reported discovering that Okorocha secured the vast majority of votes on the main, Ahiakwo stated the court docket may intervene the place credible proof established that the declared end result didn’t mirror the lawful final result, supplied it had jurisdiction and the legislation permitted the treatment granted.
He additionally rejected the suggestion that Section 183 of the Constitution robotically disqualifies Uzodimma from being nominated for a senatorial seat as a result of he’s nonetheless governor, explaining that the availability prohibits a governor from holding one other govt workplace or paid employment whereas in workplace.
Ahiakwo, nevertheless, cautioned towards reaching a definitive conclusion on the judgment with out inspecting its licensed true copy and the related court docket processes.
He stated the central question was whether or not the court docket correctly addressed the constitutional time restrict earlier than figuring out who lawfully gained the APC main.
“The Constitution, not political influence, must determine who is lawfully entitled to a party’s nomination,” he stated.
