Ihedioha loses again as S/Court dismisses application

The Supreme Court has affirmed the election of Hope Uzodinma as the elected governor of Imo State in the March 9, 2019 election. In a split decision of six to one, the apex court dismissed the application for the review of its January 14 judgment sacking former governor of Imo State, Emeka Ihedioha. A seven-member […]

The Supreme Court has affirmed the election of Hope Uzodinma as the elected governor of Imo State in the March 9, 2019 election.

In a split decision of six to one, the apex court dismissed the application for the review of its January 14 judgment sacking former governor of Imo State, Emeka Ihedioha.

A seven-member panel of justices presided by Justice Tanko Muhammad yesterday ruled that the court lacks jurisdiction to sit on appeal over its judgment on the Imo governorship as provided by Section 235 (1) of the Nigerian Constitution, 1999 and Order 8 Rule 16 of the Supreme Court Rules.

In the main judgment read by Justice Olukayode Ariwoola, the apex court held that the application lacked merit and was liable to be dismissed.

“Therefore, once the decision of the Supreme Court is clear, it is final in the sense that the thrust of the ratio decidendi is manifest in it. Inherent powers of the court can only be invoked if there is a missing link in the main body of the judgement,” he said.

The judge however said no cost would be awarded against the applicants.

Justice Nweze’ judgement

Other justices, such as Justices Sylvester Ngwuta, Kudirat Kekere-Ekun, Amina Augie and Uwani Abba-Aji, agreed with the judgment.

However, Justice Nweze delivered a dissenting judgement. The justice, who was not in the panel which delivered the earlier judgment, replaced Justice John Inyang Okoro.

Justice Nweze set aside the judgment of January 14 and directed the Independent National Electoral Commission (INEC) to issue Ihedioha with the certificate of return.

He said Uzodinma misled the court into accepting “fake results” and failed to prove that he met the constitutional spread to be declared winner of the election. He added that the results presented by Uzodinma exceeded the total number of accredited voters.

“One of the grounds of the first appellants (Uzodinma)’s reliefs was that the election was invalid by reason of non-compliance with the provisions of the Electoral Act (as amended). It was therefore, with profound respect, clearly preposterous to award him electoral victory in exercise he has deprecated and maligned as being invalid,” he said.

Jubilation in Owerri

In Owerri, the state capital, it was celebration galore as supporters of the governor and the APC trooped out to celebrate the victory. This is just as armed mobile policemen took over the gate of the government house.

Before the judgment, some residents took to the streets and destroyed billboards. This prompted the Imo State Police Command to caution people against taking the laws into their hands.

It’s an endorsement of fraud – PDP

Meanwhile, the PDP has said the Supreme Court verdict on the review was a disconcerting endorsement of electoral fraud which places a huge burden on the court and the Lord Justices.

The PDP in a statement last night by its National Publicity Secretary, Kola Ologbondiyan said the judgment has created a burden of precedence and fallibility on the Court.

The party said “more distressing” was the fact that the judgment “heavily detracted from the confidence Nigerians and the international community reposed on the Supreme Court” and the nation’s entire jurisprudence.

“Our party abides completely by every word of the judgment of Justice Nweze as treated facts, which are truly sacred.

“It is indeed unfortunate that the Supreme Court had the wholesome opportunity to redeem itself and correct its errors, but choose to hide behind technicality to justify and endorse an electoral fraud,” the party stated.

Reacting the National Chairman of the APC, Comrade Adams Oshiomhole, said the ruling party will propose an amendment to the Electoral Act to ensure that losers are not imposed on electorate by courts.

Oshiomhole said this yesterday at the Presidential Villa, Abuja, while speaking with reporters after a meeting with President Muhammadu Buhari.

He said the law should be amended to ensure that people’s votes would no longer be dismissed as ‘April Fool’ under any circumstances.

The APC boss said court cannot impose a person that was rejected at the poll, stressing that the worst scenario was to order a repeat of the election.