Okorocha vs Uzodimma: Court judgement raises jurisdiction question - Ahiakwo

Constitutional expert Justice Osai Ahiakwo has cast doubt on the legal foundation of the Federal High Court's decision that recognized former Imo State governor Rochas Okorocha as the All Progressives Congress, APC, candidate for Imo West Senatorial District in the 2027 elections. The ruling issued by Justice Obiora Egwuatu raised concerns over the 14-day limit for initiating pre-election cases, emphasizing the necessity for the court's jurisdiction to be established before addressing the merits of the dispute.

The court's order directed Governor Hope Uzodimma to cease referring to himself as the APC candidate for the district and instructed the party to acknowledge Okorocha. In analyzing the judgment, Ahiakwo referenced Section 285(9) of the 1999 Constitution, which stipulates that pre-election matters must be brought within 14 days of the event, decision, or action being disputed.

He pointed out that the African People's Congress (APC) held its Imo West senatorial primary on May 18, 2026, while Okorocha brought his lawsuit on August 13, 2026, questioning whether the suit was filed within the statutory timeframe.

The primary issue, according to Ahiakwo, lies in the specific matter challenged in the lawsuit, rather than the process of the primary itself. He clarified that a subsequent administrative decision does not automatically revive a statute-barred cause of action. If a suit is filed beyond the prescribed period, a favorable ruling on its merits alone cannot resolve the jurisdictional issue.

He also dismissed the claim that Okorocha won the primary by a majority, stating that the court could intervene if credible evidence proved the declared result was not the lawful outcome, provided the court had jurisdiction and the law allowed the remedy sought.

Ahiakwo rejected the notion that Governor Uzodimma is disqualified from running for senatorial office merely because he remains governor. He explained that Section 183 of the Constitution only bars a governor from holding another executive office or undertaking paid employment while in office. He cautioned against making a final judgment on the ruling until reviewing the court's certified true copy and the procedural steps taken.

Ahiakwo stressed that the Constitution, not political influence, must dictate who is legally entitled to a party's nomination.