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Constitutional attorney and public affairs analyst, Justice Osai Ahiakwo, has wondered the felony foundation of the Federal Top Court docket 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 should be established sooner than the deserves of the dispute may also be regarded as.
The court docket, presided over by means of Justice Obiora Egwuatu, ordered Governor Hope Uzodimma to prevent presenting himself because the APC candidate for the district and directed the birthday party to recognise Okorocha.
In a felony research of the judgment, Ahiakwo cited Segment 285(9) of the 1999 Charter, as amended, which calls for pre-election issues to be instituted inside 14 days of the development, determination or motion being challenged.
He famous that the APC reportedly carried out its Imo West senatorial number one on Might 18, 2026, whilst Okorocha instituted his go well with on August 13, elevating questions on whether or not the motion used to be filed throughout the constitutionally prescribed duration.
Then again, he stated the decisive factor used to be the particular determination or motion challenged within the go well with, including that the court docket must resolve whether or not the case involved the habits of the principle or a definite next determination at the reputation of the birthday party’s candidate.
In step with him, a next administrative determination does no longer robotically revive a reason behind motion that has grow to be statute-barred.
The place a go well with is filed outdoor the appropriate constitutional duration, he added, a beneficial determination on its deserves can’t treatment the jurisdictional defect.
At the reported discovering that Okorocha secured the vast majority of votes on the number one, Ahiakwo stated the court docket may intrude the place credible proof established that the declared consequence didn’t replicate the lawful consequence, equipped it had jurisdiction and the regulation accepted the treatment granted.
He additionally rejected the advice that Segment 183 of the Charter robotically disqualifies Uzodimma from being nominated for a senatorial seat as a result of he’s nonetheless governor, explaining that the supply prohibits a governor from maintaining every other govt place of work or paid employment whilst in place of work.
Ahiakwo, alternatively, cautioned in opposition to achieving a definitive conclusion at the judgment with out analyzing its qualified true replica and the related court docket processes.
He stated the central query used to be whether or not the court docket correctly addressed the constitutional cut-off date sooner than figuring out who lawfully gained the APC number one.
“The Charter, no longer political affect, should resolve who’s lawfully entitled to a birthday party’s nomination,” he stated.
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