The seven Justices of the Supreme Court yesterday in a split decision of six to one affirmed their January 14, 2020 judgement that removed Emeka Ihedioha of the Peoples Democratic Party, PDP as Governor of Imo State.
Reading the majority judgement, Justice Olukayode Ariwoola held that the application was an invitation for the Supreme Court to sit an appeal over it’s final judgement in violation of the Constitution.
He held further that granting the request of the applicants would open the flood gate by parties to all kinds of litigation.
” This application is considered lacking in merit and liable to be dismissed
” To ask us to set aside set aside the judgement of the court delivered on January 14 2020, is an invitation to ask us to sit on appeal against our own judgement. We cannot do so. To set aside our judgement in this instance is to open the flood gate of other parties to review the judgement of this court.
” To do this is to say the least, bring the court into disrepute and ridicule. In the circumstance, this application is accordingly dismissed. Even though cost follows the event, parties are to bear their own cost.
Justice Ariwoola also likened Ihedioha’s application to that of the APC of Bayelsa.
Those who agreed with his submission include the Chief Justice of Nigeria, CJN, Justice Ibrahim Muhammad, Justices Sylvester Ngwuta, Kudirat Kekere-Ekun, Amina Augie and Mary Abba- Aji
.
But Justice Cletus Nweze in his dissenting ruling said Imo State Governor, Hope Uzodinma misled the court in arriving at the judgement which removed Emeka Ihedioha from office after 10 months
He said there is no evidence before the court that Governor Uzodinma satisfied the required spread to have been declared the winner of the election.
He told other Judges on the panel that the judgement affirming Uzodinma’s victory in the March 9, 2019 poll would continue to haunt the nation’s electoral jurisprudence.
According to him, Uzodinma failed to give evidence of how he won the election.
He held that Uzodinma mischievously misled the court into unjust conclusion with the unverified votes credited to himself in the disputed 388 polling units
” In my intimate reading of the January 14 judgement, the meat and substance of Ihedioha’s matter were lost to time frame. This court once set aside it’s own earlier judgment and therefore cannot use time frame to extinguish the right of any person.
” This court has powers to overrule itself and revisit any decision not in accordance with Justice” he said
He added, that the decision of the Supreme Court in the instant matter will continue to hunt our electoral jurisprudence for a long time to come, adding that without evidence of meeting other constitutional provisions, the court misled itself into declaring Uzodinma as Governor.
” This court has a duty of redeeming it’s image, it is against this background that the finality of the court cannot extinguish the right of any person
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