IMO WEST 2027: Uzodimma, Okorocha fight as gov’s bid raises constitutional question
Legal Battle Erupts Over APC Ticket in Imo West
By Nnamdi Ojiego
A legal dispute has emerged between former Imo State Governor Rochas Okorocha and his successor, Governor Hope Uzodimma, regarding the All Progressives Congress (APC) senatorial ticket for Imo West in the upcoming 2027 general elections.
The conflict has escalated to the Federal High Court in Abuja, where Okorocha is contesting Uzodimma’s nomination as the APC candidate for the senatorial district. Okorocha, who served as the Senator for Imo West from 2019 to 2023, is seeking a court ruling to overturn the Independent National Electoral Commission’s (INEC) announcement of Uzodimma as the candidate, asserting his claim to the party’s nomination.
The lawsuit, filed on August 13, 2026, by Okorocha’s attorney O.J. Aboje, is registered as FHC/ABJ/CS/1854/2026 and names Uzodimma, the APC, and INEC as defendants.
Beyond the contest over the party ticket, the case has initiated a significant constitutional discussion regarding the legitimacy of a sitting governor running for a Senate seat while still in office. Okorocha is questioning whether Uzodimma, under Section 183 of the 1999 Constitution, is eligible to be nominated as the APC senatorial candidate given that his governorship term will overlap with the new Senate’s inauguration in June 2027.
Section 183 stipulates that a governor must not hold any other executive office or paid employment while in office. Uzodimma, who was sworn in for his second term on January 15, 2024, is set to complete his tenure on January 15, 2028. The forthcoming senatorial election will occur during his governorship term.
This situation raises critical questions about the implications should Uzodimma win the election before the conclusion of his term as governor.
Dr. Monday Ubani, a Senior Advocate of Nigeria and constitutional lawyer, emphasized that the matter warrants thorough legal examination, particularly regarding whether Uzodimma would need to resign if elected to the Senate. He underscored that resignation is one recognized method for a governor to vacate office.
“The Constitution provides specific grounds upon which a governor can cease office, and one of these is resignation,” Ubani remarked. He noted that fundamental preliminary questions must first be addressed by the court, including the legal standing of Okorocha’s claim.
Concerns must also be raised about the framework of the suit, including whether it qualifies as a pre-election issue under the Electoral Act or constitutional provisions. Additionally, the court will need to assess Okorocha’s standing to file the suit by determining his specific interests or grievances.
Ubani further indicated that the court would explore the constitutionality of a sitting governor contesting for a Senate seat and whether all eligibility requirements have been met.
Hannibal Uwaifo, President of the African Bar Association, maintained that no constitutional crisis would arise if Uzodimma were to win the election and then resign before taking up his Senate position. “He cannot hold both offices simultaneously,” Uwaifo stated, adding that his qualification to compete in the election remains intact as long as he resigns beforehand.
The primary election results from May 18, 2026, are also under scrutiny. While the official returning officer declared Uzodimma the winner with 230,464 votes to Okorocha’s 1,098, Okorocha contends he secured 150,780 votes against Uzodimma’s 102,158.
As the legal proceedings unfold, Okorocha is seeking to invalidate INEC’s recognition of Uzodimma’s candidacy and to affirm his position as the legitimate APC nominee for Imo West. His son, Amen Rochas, has joined the legal fight and provided an affidavit supporting his father’s claims regarding the disputed primary results.
The court’s decision will need to address several legal queries, including the validity of the disputed primary and the constitutional implications surrounding a sitting governor seeking a Senate role prior to the end of his term. The outcome could significantly impact not only the APC’s representation in Imo West during the 2027 elections but also affect Uzodimma’s political trajectory following his governorship.
