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From Godwin Tsa, Abuja
The Federal High Court in Abuja has fixed 29 October for judgment in the suit by Sen. Rochas Okorocha against Gov. Hope Uzodinma over the All Progressives Congress (APC) ticket for the Imo West Senatorial District, after Okorocha urged the court to dismiss the governor’s objection to the suit.
Justice Obiora Egwuatu fixed the date on Thursday after all parties adopted their processes and argued for and against the case.
Uzodinma and the APC filed separate preliminary objections asking the court to dismiss the suit as statute-barred. They argue that it was filed outside the 14-day limit set by Section 285(9) of the Constitution. They were represented by Onyechi Ikpeazu, SAN, and Robort Emukpoeruo, SAN, respectively.
Okorocha, a former two-term governor of Imo State, is challenging the Independent National Electoral Commission (INEC) over its publication of Uzodinma’s name as the APC’s candidate. He filed the originating summons, marked FHC/ABJ/CS/1854/2026, on 13 August, with INEC, the APC and Uzodinma as first to third respondents. His counsel is O.J. Aboje.
He wants the court to determine whether INEC was bound by the reports of its officers who monitored the 18 May primary, in which he says he emerged winner. If the questions are answered in his favour, he seeks 10 reliefs, including:
A declaration that it was unlawful for the APC to forward Uzodinma’s name to INEC.
A declaration that INEC’s publication of Uzodinma as the winner was unconstitutional.
An order setting aside the publication, which he dates 1 August.
An order directing INEC to recognise and publish his name as the APC’s nominated candidate.An order restraining Uzodinma, personally or through the APC, from parading himself as the party’s candidate.
In a supporting affidavit, Amen Rochas, who says he is Okorocha’s son and Personal Assistant on Political Matters, said his father is a registered, financial member of the APC from Ideato Local Government Area. Okorocha was governor from 2011 to 2019 and senator for Imo West from 2019 to 2023.
According to the affidavit, Okorocha and Uzodinma, who is from the same senatorial district, both bought forms and were screened and cleared for the direct primaries. It states that Uzodinma’s tenure as governor expires at midnight on 14 January 2028, after the 2027 Senate is inaugurated.
Amen alleged that on 17 May the APC’s National Working Committee told state chairmen of its National Assembly Primary Election Committee not to announce results, contrary to extant guidelines. In the 18 May primary, he said, Okorocha won with 150,780 votes to Uzodinma’s 102,158.
He said the APC then wrote INEC two letters reporting on the primaries, and that INEC’s Head of Department, Election and Party Monitoring, forwarded the outcome to the commission’s chairman in Abuja. It was not made public until 1 August, when, to Okorocha’s shock, INEC published Uzodinma as the winner instead of what he called the true outcome.
In a counter affidavit for the governor, Lucky Ajokperiniovo, a member of the party’s election committee for the primary, said votes were recorded, collated and transmitted from the wards to the LGA collation centres, and then to the senatorial district returning officer, who declared the results.
He said Uzodinma won Imo West with 230,464 votes to Okorocha’s 1,098. The committee’s report was signed by all members on 18 May, he said, and no one, especially the aspirants, doubted the result that day. An appeal committee received no petition.
He said the primary was conducted in substantial compliance with the APC’s constitution and guidelines and the Electoral Act 2026. He accused Okorocha of grossly and deliberately misrepresenting what happened, and said Uzodinma “is not now occupying a paid employment of the legislative arm” of government.
INEC, through its lawyer Hassan Umar, also opposed the suit. In its counter affidavit, deposed to by Assistant Chief Legal Officer Gyang Dung, the commission said its officials monitored the primary and reported that Uzodinma scored the highest number of votes and was declared winner. It said it received no complaint from any aspirant. Dung denied signing any of the exhibits Okorocha tendered.
