– Describes Judgement On Okorocha’s APC Primary Victory As Travesty Of Justice
A former member of the Imo State House of Assembly and current commissioner for Information in Imo, Hon. Declan Emelumba, has faulted the judgment of the Federal High Court in Abuja declaring former Imo State Governor, Senator Rochas Okorocha, winner of the All Progressives Congress (APC) senatorial primary election for Imo West Senatorial District, describing the ruling as a travesty of justice.
Emelumba said the decision would be challenged at the Court of Appeal, expressing confidence that the appellate court would set aside the judgment and grant appropriate redress.
In a statement issued in Owerri, Emelumba accused the trial judge, Justice Obiora Egwuatu, of delivering a judgment allegedly inconsistent with established legal principles and previous pronouncements of the Supreme Court.
He claimed that the court had been presented with Supreme Court authorities on the use of originating summons in matters involving allegations of forgery and perjury, but allegedly failed to give them due consideration.
According to him, the judgment was based on affidavit evidence relating to documents he described as forged, an allegation that remains subject to the appropriate legal determination.
Emelumba also questioned the court’s handling of the preliminary objection concerning the time limit for instituting pre-election cases.
He cited the Supreme Court decision in Orji v. Chima, which he said requires a litigant seeking to challenge the outcome of a primary election to institute proceedings within 14 days of the election.
He argued that Okorocha filed his suit on August 13, 2026, whereas the APC primary election in question was conducted on May 18, 2026, representing a period of 87 days after the exercise.
Emelumba maintained that the timing of the suit raised a fundamental legal issue, particularly as the central question before the court, according to him, was the rightful winner of the May 18 primary election.
He expressed dissatisfaction that the preliminary objection was overruled, insisting that the circumstances surrounding the judgment warranted appellate intervention.
“As law-abiding citizens, we would explore the judicial avenues available to set aside the Federal High Court ruling and recover our mandate,” he said.
The controversy surrounding the Imo West APC senatorial ticket has generated political and legal debate, particularly over the authenticity of primary election results and the proper procedure for resolving pre-election disputes.
Earlier this month, according to the statement, the police arrested Okorocha and charged him to court over allegations relating to the presentation of fake results of the APC primaries for Imo West Senatorial District.
The statement also claimed that the Independent National Electoral Commission (INEC) had disowned the document tendered by Okorocha, maintaining that Governor Hope Uzodimma was the candidate whose name was submitted to the commission by the APC as the winner of the primary election.
The allegations concerning the authenticity of the disputed results and the competing claims over the party ticket remain contentious.
The planned appeal is expected to provide another opportunity for judicial scrutiny of the circumstances surrounding the disputed primary election, including the applicable limitation period, the procedure adopted in the suit and the evidence presented before the trial court.
