The Progressive Lawyers Network has announced its intention to petition the National Judicial Council (NJC) for the sanction of Justice Obiora Egwuatu of the Federal High Court, Abuja, who delivered the judgment nullifying the candidacy of Governor Hope Uzodinma of Imo State as the All Progressives Congress (APC) candidate for Imo West Senatorial District and directing the Independent National Electoral Commission (INEC) to recognise former Governor Rochas Okorocha instead.
In a strongly worded statement issued on Thursday by its Spokesperson, Barrister Chinedu Desmond Okeke, the Network described the judgment as a grave judicial error that disregarded clear constitutional timelines, invaded the internal affairs of a political party, and undermined the rule of law. Barrister Okeke said the group would formally approach the NJC to investigate and sanction Justice Egwuatu for what he called a “deliberate and reckless disregard of settled constitutional and statutory provisions.”
According to Barrister Okeke, the APC conducted its primary election for the Imo West Senatorial District on May 18, 2026, and declared the results. The party thereafter forwarded its final list of candidates to INEC on July 1, 2026, ahead of the July 10 deadline. Senator Rochas Okorocha only approached the court on August 13, 2026, more than 40 days after the APC submitted its list and nearly 90 days after the primary.
The Network emphasised that Section 285(9) of the 1999 Constitution of the Federal Republic of Nigeria (as altered) is mandatory and leaves no room for discretion. The section provides that every pre-election matter shall be filed not later than 14 days from the date of the occurrence of the event, decision or action complained of in the suit. It noted that the Supreme Court has repeatedly held that the 14-day period is a strict limitation provision that extinguishes the right of action and ousts the jurisdiction of the court once it expires.
Authorities such as Garba v. APC
Zailani v. Gumau, Karshi v. Gwagwa and Abdullahi v. Loko were cited as binding precedents establishing that time runs from the occurrence of the event or decision itself and not from the knowledge of the complainant.
Beyond the statute-barred nature of the suit, Barrister Okeke accused Justice Egwuatu of improperly interfering in the internal affairs of the APC. He recalled that Section 83 of the Electoral Act, 2026, expressly provides that no court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party.
The Network further relied on a long line of Supreme Court decisions affirming that questions relating to the nomination and sponsorship of candidates, leadership and the domestic affairs of political parties are ordinarily non-justiciable.
The group referenced the Supreme Court’s consistent position, from the foundational case of Onuoha v. Okafor through more recent decisions including Ndukwe v. Ayu, Kabir v. APC and Anyanwu v. Emmanuel, that courts lack the vires to meddle in the internal political decisions of parties. Barrister Okeke argued that by purporting to determine the winner of the APC primary and directing the substitution of the party’s candidate, the court stepped outside its constitutional bounds and into the exclusive domain of the political party.
The Progressive Lawyers Network drew attention to repeated judicial and professional warnings against such interference. It noted that the Nigerian Bar Association has publicly called on the NJC to sanction judges who entertain and adjudicate intra-party disputes in violation of the Electoral Act.
Senior lawyers and retired justices have equally described the growing trend of judicial intervention in party affairs as a direct affront to the law and a threat to democratic stability.
The Network also recalled instances in which the Court of Appeal has characterised similar conduct by trial judges as “judicial impertinence” and “judicial rascality,” stressing that a judge who deliberately acts contrary to clear constitutional and statutory provisions is unfit for the Bench.
In its petition to the NJC, Barrister Okeke said the Network would urge the Council to treat the matter with the seriousness it deserves, investigate the circumstances surrounding the judgment delivered by Justice Obiora Egwuatu, and impose appropriate disciplinary measures.
He stated that failure to sanction judges who disregard mandatory constitutional timelines and the clear ouster of jurisdiction over party internal affairs would embolden further judicial adventurism and erode public confidence in the judiciary.
The Network reaffirmed its commitment to the rule of law and the integrity of the judicial process, insisting that the temporary miscarriage of justice represented by the judgment would be corrected on appeal.
It called on the superior courts to restore the correct legal position and urged all stakeholders to respect the constitutional boundaries that protect the autonomy of political parties in the conduct of their internal affairs.
The development comes as the APC South East continues to maintain that the suit was dead on arrival and that the party remains confident of victory at the appellate courts.