The Federal High Court in Abuja on Thursday nullified the nomination of Imo State Governor Hope Uzodinma as the All Progressives Congress (APC) candidate for the Imo West Senatorial District election in 2027.
Justice Obiora Egwuatu, in his judgment, ordered Uzodinma to stop presenting himself as the party’s candidate, holding that evidence before the court showed that former Imo Governor Rochas Okorocha secured the majority of votes in the APC primary election conducted on May 18 and monitored by the Independent National Electoral Commission (INEC).
The judge directed that Okorocha be declared the winner of the primary and ordered the APC to submit his name to INEC as its duly nominated candidate for the 2027 general election.
The News Agency of Nigeria (NAN) reports that Okorocha had instituted the suit against INEC over the publication of Uzodinma’s name as the APC candidate for the senatorial district.
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In an originating summons filed on August 13 and marked FHC/ABJ/CS/1854/2026, Okorocha joined INEC, the APC and Uzodinma as the first, second and third respondents, respectively.
The former senator raised five questions for the court’s determination, including whether INEC was bound by the reports of its officials who monitored the APC primary election on May 18, in which he claimed to have emerged victorious.
He also asked the court to determine whether INEC acted lawfully by publishing Uzodinma’s name on August 1 as the winner of the primary, in view of Section 183 of the 1999 Constitution, as amended.
Okorocha sought 10 reliefs, including declarations that the APC acted unlawfully by submitting Uzodinma’s name to INEC and that the commission’s publication of the governor as the primary winner was unconstitutional.
Relying on Sections 65(1)(b) and 285(14)(a) and (b) of the 1999 Constitution, alongside Sections 29, 32, 33, 84 and 88(2) of the Electoral Act, 2026, as well as the APC’s constitution and primary election guidelines, Okorocha argued that the party was required to forward the name of the actual winner.
He also sought an order setting aside INEC’s publication of August 1 and directing the commission to recognise and publish his name as the party’s candidate. Additionally, he asked the court to restrain Uzodinma, the APC or any other person acting on their behalf from presenting the governor as the party’s nominee, as well as award costs against the respondents.
Background to the suit
In an affidavit supporting the suit, Amen Rochas, who identified himself as Okorocha’s biological son and personal assistant on political matters, said he was familiar with the facts of the case.
He stated that Okorocha, born on September 22, 1962, was a registered and financially up-to-date member of the APC from Ideato Local Government Area of Imo State, within the Imo West Senatorial District.
According to the affidavit, Okorocha served as Imo governor from 2011 to 2019 and represented Imo West in the Senate from 2019 to 2023.
Amen said the APC announced its timetable for primary elections earlier in the year to select candidates for various political offices ahead of the 2027 general election.
He stated that Okorocha subsequently expressed interest in contesting for the Imo West Senate seat, purchased the expression of interest and nomination forms, completed the required documentation and submitted them to the party.
He also confirmed that Uzodinma, a fellow APC member from the same senatorial district, obtained the relevant forms to contest the ticket.
According to the affidavit, Uzodinma’s tenure as governor, which began on January 15, 2024, would end at midnight on January 14, 2028, meaning he would still be governor when the Senate was due to be inaugurated following the 2027 general election.
Amen further alleged that on May 17, the APC National Working Committee, through its National Organising Secretary, directed state chairmen of the National Assembly Primary Election Committees not to announce the results publicly, instructing them instead to forward the results to the party’s national secretariat for official announcement.
He claimed that the direct primary election was held on May 18 and that Okorocha won with 150,780 votes, against Uzodinma’s 102,158.
He said the APC subsequently submitted two letters to INEC detailing the conduct and outcome of the primaries, including the list of contestants and the results.
According to him, the report was forwarded to INEC’s chairman in Abuja by the commission’s Head of Election and Party Monitoring for the Imo Resident Electoral Commissioner.
Amen alleged that INEC did not publish the reported outcome until August 1, when it named Uzodinma as the winner, contrary to the results he said were reflected in the commission’s monitoring reports.
Uzodinma, APC and INEC challenge Okorocha’s claims
Uzodinma and the APC disputed Okorocha’s account and urged the court to dismiss the suit.
In separate preliminary objections, they argued that the case was statute-barred because it was not filed within the 14-day period prescribed by Section 285(9) of the 1999 Constitution.
Their lawyers, Robert Emukpoeruo, SAN, for the APC and Onyechi Ikpeazu, SAN, for Uzodinma, maintained that the suit was filed outside the legally stipulated timeframe.
In a counter-affidavit deposed to on Uzodinma’s behalf by Lucky Ajokperiniovo, the governor’s camp maintained that the primary election was properly conducted and its results duly collated and transmitted.
Ajokperiniovo said the votes were recorded at the ward level, collated at local government headquarters and forwarded to the senatorial district returning officer, who completed the collation and declared the results.
He added that Alex Mbata won the Imo East senatorial primary, while Senator Patrick Ndubueze emerged victorious in Imo North.
According to him, members of the electoral committee signed the election report on May 18, 2026, and the results were clear to all aspirants on the day of the exercise.
Contradicting Okorocha’s figures, Ajokperiniovo claimed that Uzodinma won the Imo West primary with 230,464 votes, while Okorocha secured only 1,098 votes.
He further stated that although an appeal committee was constituted to handle complaints arising from the exercise, it did not receive any petition concerning the primary’s outcome.
Ajokperiniovo maintained that the election substantially complied with the APC’s constitution, its electoral guidelines and the Electoral Act, 2026. He also accused Okorocha of deliberately misrepresenting the events surrounding the exercise.
INEC, through its counsel, M. A. Umar, also opposed the suit and adopted the commission’s counter-affidavit.
The electoral body said its officials monitored the primary and submitted a report indicating that Uzodinma secured the highest number of votes and was declared the winner. It added that none of the aspirants lodged a complaint with the commission over the exercise.
Gyang Dung, an Assistant Chief Legal Officer who deposed to INEC’s counter-affidavit, also denied signing any of the exhibits Okorocha tendered as evidence before the court.