The supreme court has dismissed the application of Emeka
Ihedioha, former governor of Imo state, seeking a review of the judgement which
led to his removal from office.
On January 14, 2020, the apex court had nullified Ihedioha’s
victory in the March 9, 2019, election and declared Hope Uzodinma, his All
Progressives Congress (APC) rival, winner of the election.
Ihedioha had approached the court, demanding that the
judgement should be reviewed.
On Tuesday, a panel of judges led by Ibrahim Muhammad, chief
justice of Nigeria (CJN), dismissed the application, saying the ruling of the
court is final.
“The finality of the supreme court is entrenched in the
constitution. Inherent powers can only be evoked if there is a missing link and
that is why sometimes the court could be called upon to dot the i and cross the
t,” said Olukayode Ariola who read the judgement
“The finality of the supreme court in civil cases is final.”
The judge said any attempt to make the overrule itself would
be resisted.
“The verdict of the supreme court is a finality,” the panel
held.
However, Chima Chiweze, one of the judges on the seven-man
panel, disagreed with the judgement.
Chiweze held that a judgement could be set aside on the
merits.
“A judgement or order can be set aside on the merits. This
court has the power to overrule itself and has done so in the past,” the judge
held.
He demanded that a certificate of return should be given to
Ihedioha.
Earlier, Kanu Agabi, counsel to Ihedioha, withdrew a motion
he filed seeking a review of the
judgement that sacked his client.
Agabi told the court that they would be relying on a second
motion asking the judges to set aside the judgement sacking his client.
The lawyer urged the panel to rely on the verdict of the
court of appeal which upheld the victory of Ihedioha.
“We are not here to challenge the supremacy of the court,
your judgements are final and this is not an affront. It is as we go to God in
prayer to change his mind, that is how we have come to you to change your
mind,” Agabi said.
“About 34 times your lordships made reference to the 388
polling units. They only tendered results of 366 polling units whereas the
court gave them credit for 22 polling units.
“The number of votes cast at the polling units exceeded the
total number of accredited by 129,000.
“We urge your lordships to grant this application and set
aside the judgement.”
Then the CJN asked him: “And do what?”
Agabi said: “Rely on the verdict of the court of appeal.”
Click to signup for FREE news updates, latest information and hottest gists everyday
Advertise on NigerianEye.com to reach thousands of our daily users
No comments
Post a Comment
Kindly drop a comment below.
(Comments are moderated. Clean comments will be approved immediately)
Advert Enquires - Reach out to us at NigerianEye@gmail.com