Hope Uzodinma, governor of Imo state, has asked the supreme
court to dismiss the application filed by Emeka Ihedioha, demanding a review of
the judgement that led to his removal.
In January, the apex court had declared Uzodinma as the duly
elected governor of the state on the grounds that results from 388 polling
units were excluded when the Independent National Electoral Commission (INEC)
announced the final tally in March 2019.
But Ihedioha, who contested the election under the Peoples
Democratic Party (PDP), disagreed with the ruling, contending that his All
Progressives Congress (APC) rival misled the court.
In a preliminary objection filed against Ihedioha’s
application, Uzodinma and the APC argued that the apex court cannot review its
judgement once delivered.
They also added that the application constitutes an abuse of
court process.
“The application constitutes an invitation to the Supreme
Court to sit on appeal over its final decision,” the application read.
“Order 8 Rule 16 of the Supreme Court Rules 2014 prohibits
the apex court from reviewing its judgement once given and delivered, save to
correct clerical mistakes or accidental slip.
“The judgement sought to be set aside having been given
effect by the inauguration of Uzodinma as Governor of Imo, this Honourable
court lacks the jurisdiction to grant the prayer sought.”
The supreme court has fixed Tuesday for hearing of
Ihedioha’s application.
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