Former Imo State Governor, Senator Rochas Okorocha, has dragged the Independent National Electoral Commission (INEC) to court over the publication of Governor Hope Uzodimma’s name as the All Progressives Congress (APC) candidate for Imo West Senatorial District ahead of the 2027 general elections.
Also joined as respondents in the suit marked FHC/ABJ/CS/1854/2026 are Governor Uzodimma and the APC.
The originating summons was filed on August 13, 2026 at the Federal High Court, Abuja by O.J. Aboje, counsel to Okorocha, according to NAN.
—The Background—
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Okorocha, who governed Imo from 2011 to 2019 and represented Imo West in the Senate from 2019 to 2023, contested the APC senatorial ticket with Uzodimma during the party’s primary held in May 2026.
Williams Kayode, chairman and returning officer of the 2026 Imo APC National Assembly Primary Election Committee, declared Uzodimma winner with 230,464 votes.
However, Uzodimma was sworn in for a second term as governor in January 2024, meaning his tenure will not expire until January 2028. The 11th Senate is due to be inaugurated in June 2027 — six months before the end of his governorship.
The development has sparked debate over whether the governor would be constitutionally permitted to contest and, if elected, resign as governor to take up a senatorial seat.
—Okorocha’s Prayers Before The Court—
In the suit, Okorocha is asking the court to determine two key legal questions:
1.Whether INEC is bound by the reports of its officers who monitored the APC primary conducted on May 18, 2026 for the nomination of a candidate for Imo West.
2.Whether, by virtue of Section 183 of the 1999 Constitution, the publication of Uzodimma’s name by INEC as winner of the primary was wrongful.
Section 183 states: “The Governor shall not, during the period when he holds office, hold any other executive office or paid employment in any capacity whatsoever.”
The former governor is praying the court to:
-Declare that it was unconstitutional for INEC to publish Uzodimma’s name as APC’s candidate when he did not emerge as winner of the primary election.
-Set aside or void INEC’s publication declaring Uzodimma as the aspirant who polled the highest number of votes.
-Direct INEC to recognise and publish Okorocha’s name as the duly nominated candidate of the APC for the Imo West senatorial election.
-Prohibit Uzodimma, whether by himself, through the APC or anyone else, from parading himself as the nominated candidate of the party.
—Allegations In The Affidavit—
The affidavit in support of the suit was deposed to by Amen Rochas, son of the former governor.
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He alleged that Uzodimma, whose tenure as governor would still be running in 2027 when the Senate is inaugurated, purchased nomination forms for the APC senatorial ticket.
According to the plaintiff, the direct primary election was conducted by the APC on May 18 and Okorocha emerged victorious with 150,780 votes, while Uzodimma polled 102,158 votes.
The matter has yet to be assigned to a judge for hearing.
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