The prolonged legal battle over the authentic candidate for Imo West Senatorial District has been brought to an end as the Supreme Court on Thursday pronounced Chief Hope Uzodinma as the candidate of the Peoples Democratic Party for the seat.
The apex court also set aside the judgment of the Court of Appeal which affirmed the decision of Justice Abdul Kafarati of a Federal High Court in Abuja that Senator Osita Izunaso was the candidate of the party for the senatorial seat.
In a unanimous decision delivered by Justice Walter Onnoghen, the Supreme Court, however, said it would give reasons for its judgment on May 20, 2011.
He said, “This is an appeal against the judgment of the Court of Appeal…The appeal has merit and is therefore allowed.”
Before the judgment was delivered, the apex court took oral submissions from lawyers representing both parties in the suit with the legal team assembled by Uzodinma praying the court to grant his request and set aside the judgment of the FHC.
Chief Wole Olanikpekun (SAN), who led the team comprising four other Senior Advocates of Nigeria, contended that Justice Kafarati failed to consider all the evidence placed before him before arriving at his judgment.
Besides, he said his client was not given sufficient time to present his case as the time given to him by law was abridged by the court.
The lawyer to the PDP and the party’s National Legal Adviser, Chief Olusola Oke, pitched tent with Uzodinma when he told the court that the appellant was the authentic candidate of the party and not Izunaso.
The apex court had at the last hearing of the case, directed the Independent National Electoral Commission and the two contenders to maintain the status quo until a final judgment was delivered.
The Court of Appeal had affirmed the judgment of Justice Kafarati of a Federal High Court in Abuja which declared Izunaso the rightful candidate of the PDP for Imo West Senatorial district.
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Imo West: Uzodinma wins at Supreme Court