The Supreme Court is hearing the application filed by the Peoples Democratic Party (PDP) and its candidate, Mr. Emeka Ihedioha, over the January 14, 2020 judgment which sacked him as the Governor of Imo State.
Mr. Ihedioha and the PDP, in their applications, claim that the judgment of the apex court which installed Senator Hope Uzodinma as the Governor of Imo State was obtained by fraud.
They are therefore praying the seven-man panel of the apex court to review and set aside the judgment.
The panel, headed by the Chief Justice of Nigeria, Tanko Muhammed, is currently hearing the application.
Lawyer to Mr. Ihedioha, Chief Kanu Agabi, in his argument, claims that fraud is evident in the judgment, as the appellant, Hope Uzodinma, claimed he was excluded from 388 polling units but tendered results from only 366 polling units
He adds that with the addition of votes from 388 polling units in favour of Senator Uzodinma exceeds the total number of accredited voters by 129,000 votes.
Countering the argument, Lawyer to Senator Hope Uzodinma says the application to revisit, review or set aside the judgment of the court is an incompetent one lacking in merit.
He argues further that the apex court lacks the jurisdiction to sit on appeal over any judgment delivered by the court except where cases of typographical errors or slips are noticed in the said judgment are established and in this case, no such errors have been established.
Mr Damian Dodo adds that the appellant approached the apex court in the face of compelling evidence that Senator Hope Uzodinma won the election, and therefore, has asked the court to dismiss the application.
Supreme Court has stood down Emeka Ihedioha’s application after listening to arguments from all the parties.
The apex court will deliver judgment by 3pm later today.
The judges resume to give judgement and Justice Olukayode Ariwoola is delivering judgment on Ihedioha’s application.
He says there is no constitutional provision empowering the apex court to sit on appeal over its own judgment, so the court does not have the competence to review its own judgment.
Justice Ariwoola states that the finality of the Supreme Court is entrenched in the constitution so the inherent powers of the court does not allow it to review or set aside its own judgment.
“The justices of the court are fallible but the judgment of the court is infallible to ask us to review the judgment will bring the court to disrepute.
The Supreme Court has dismissed Ihedioha’s application for review.
Six out of the seven judges upheld the earlier judgement, but a dissenting judgment by Justice Chima Nweze who believes the judgment ought to be reviewed.
He says the court has the power to overrule itself if such a judgment is not seen to have met the justice of the case.
He adds that Uzodinma misled the court in arriving at the judgment and that there is no evidence that he satisfied the required spread to have been declared the winner of the election.
Justice Nweze says this judgment will continue to haunt the nation’s electoral jurisprudence.
He set aside the judgment of January 14 and ordered Uzodinma to return the certificate of return issued to him as he affirms the election of Mr Ihedioha as the duly elected Governor of Imo state.
