Supreme dismisses Ihedioha Case Against Vs Uzodinma
The justices of the apex court, Supreme court of Nigeria led by the Chief Justice of Nigeria, CJN, Justice Tanko Muhammad has dismissed the case review file by Ihedioha of PDP and affirmed the decision to crown Hope Uzodinma of the All Progressive Congress, APC as the Governor of Imo State.
The proceeding of Supreme Court which was stood down earlier till 3pm to enable judgement on the fresh application seeking to restore Emeka Ihedioha of the People’s Democratic Party, PDP, as Governor of Imo State. The seven-man panel of justices of delivered judgment on January 14 that sacked Ihedioha and crowned Hope Uzodinma of the All Progressive Congress, APC as the governor of Imo State.
Ihedioha and his party, PDP through their advocates, Chief Kanu Agabi, SAN, submitted that the apex court should review and set-aside the previous judgement assumed to be base on error. Meanwhile, Uzodinma and his party APC prayed the court to reaffirm its 14 January decision by dismissing the fresh application which they submitted amount to an abuse of court process. Also, the 3rd Respondent, Independent National Electoral Commission, INEC, through its lawyer, Mr. Taminu Inuwa, SAN, agreed to abide by the decision of the apex court. Agabi, SAN, while withdrawn the initial application of February 5 and submitted a fresh one said his clients were only praying the apex court to correct a mistake that occasioned a great miscarriage of justice against them and the previous application was struck out accordingly.
Agabi, SAN said “We are not here to challenge the authority of this court. We respect the supremacy of this court and we recognise that your judgement is final. “If we can go to God in prayer to change his mind, so also we have come before this court to change its mind”.
He also made reference to the fact results from 366 polling units as the issue, He said “no indication was given as to what the results were in respect of the 22 polling units. “It was a fatal error”, Agabi, SAN, explained, that the computation of the apex court whereas the total number of votes cast during the poll exceeded the total number of accredited voters by over 100, 000 votes.
Agabi added, “My lords are human and can make mistake, but the law has given you power to correct yourselves so that your mistakes are not immortalized”,
However, Dodo on behalf of Uzodinma said “There is a total lack of jurisdiction on this court to revisit its judgement of January 14. Whether the application is characterized as an application for review or classified as an application to set-aside, or howsoever it is dressed. “This court has consistently and rightly so, held that there is a lack of jurisdiction to sit on appeal over its judgement”, www.palmacedarcleaning.com.ng
“In this case, there is no doubt whatsoever about the decision of this Court. Therefore, the invitation this review or set-aside is not tenable. The dignity if this court must be respected
“The application is incompetent and should be dismissed because there is no jurisdiction. It is a deliberate invitation for this court to sit on appeal over its judgement and the law does not allow that. “The question of conflicting or inconsistent reliefs does not arise in this matter, it is already too late in the day for the Applicants. The judgement of this court had clearly set-aside the decision of the lower court in all its ramifications. The argument that there is an aspect of the lower court decision striking out the petition that was not considered by this court, is totally untenable.
“The order of this court setting aside the decision of the lower court was a tsunami. It was a clean sweep. We, therefore, urge my lords to sustain our preliminary objection and dismiss this application as an abuse of court process”,
Supreme court dismisses Ihedioha Case Against Vs Uzodinma
During the final judgment, A seven-man panel of the apex court led by the Chief Justice of Nigeria, Justice Tanko Muhammad, in a split ruling of six-to-one, described the application by Ihedioha ruling as an invitation to sit in an appeal over its judgment.
But Justice Chima Nweze, in disagreeing with the majority judgment, held that the Supreme Court had the power to overrule itself in a desirous situation.
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