S/Court reviews Imo application today, fixes Zamfara for Mar 17
The Supreme Court has fixed today for the determination of the application seeking it to review its January 14 judgment in which it sacked former Imo State governor Emeka Ihedioha and declared Hope Uzodinma winner of the March 9, 2019 governorship election in the state. The seven-member panel of justices presided by the Chief Justice […]
The Supreme Court has fixed today for the determination of the application seeking it to review its January 14 judgment in which it sacked former Imo State governor Emeka Ihedioha and declared Hope Uzodinma winner of the March 9, 2019 governorship election in the state.
The seven-member panel of justices presided by the Chief Justice of Nigeria, Justice Tanko Muhammad, also adjourned the application by a faction of the APC aligned to former governor of Zamfara State, Abdulaziz Yari, seeking a review of the court’s judgment of May 25, 2019, which voided the votes of the party in the election.
The adjournment in the Imo application arose after counsel to Ihedioha and the PDP, Kanu Agabi (SAN) informed the panel that his team was served a preliminary objection to their amended motion by Uzodinma through his counsel, Damian Dodo (SAN) in the court and would require time to respond.
In the objection, Uzodinma is arguing that the time within which Ihedioha and PDP can bring issues arising from the March 9, 2019 governorship election had lapsed by law, and the court does not have the jurisdiction to entertain any further litigation on it.
But in the further motion, Ihedioha and PDP had asked the apex court to refuse the objection on the grounds that there is no time limit to correct a decision which was a nullity from the beginning.
In the Zamfara review application, counsel to Senator Kabiru Marafa-led faction, Mike Ozekhome (SAN) informed the apex court that he was unable to serve Lateef Fagbemi (SAN) and Mahmud Magaji (SAN), former lawyers in the matter, who said they were not briefed to appear.
He added that the processes of court had still not been served on the remaining APC factional members – from the 141st to the 178th – on the list.
Following the observation, the Supreme Court directed counsel to the faction, Robert Clarke (SAN) to regularise his processes before the adjournment. He suggested striking out some respondents who would not be relevant to the review being sought in court.
The Yari faction are contending that the unanimous consequential order contained in the March 25, 2019 judgment of the Supreme Court read by Justice Adamu Galinje, which stripped the APC of votes polled in the governorship, Senate, House of Representatives and state assembly elections and declared the party with the second highest votes (PDP) winner in the elections, was made without jurisdiction.
The faction is insisting that the powers of the apex court was limited to its finding that there was no valid primary within the APC for the governorship election.