The Supreme Court has dismissed the application for the
review of the decision sacking former governor of Imo State, Emeka Ihedioha and
declaring Hope Uzodinma winner of the March 9, 2019 judgement. A seven-member
panel of justices presided by Justice Tanko Muhammad on Tuesday ruled that the
court lacks the jurisdiction to sit on appeal over its judgment on the Imo
governorship.
In the main judgment read by Justice Olukayode Ariwoola held
that the application lacked merit and dismissed the application.
“The judgement of the Supreme Court is a finality,” he said.
The judge however said no cost would be awarded against the
applicants.
Justice Nweze however delivered a dissenting judgement.
Justice Nweze however delivered a dissenting judgement.
Earlier, counsel to PDP and Ihedioha, Kanu Agabi (SAN) asked the apex court to
set aside the judgement of January 14 and uphold the judgement of the Court of
Appeal which dismissed the petition by Uzodinma. But counsel to Uzodinma,
Damian Dodo (SAN) said the Supreme Court judgement actually set aside every
decision of the Court of Appeal, which he described as a “Tsunami”. He added
that there was no ambiguity in the judgement of the Supreme Court which
declared his client winner. Ihedioha and the PDP had in an application dated
February 5, 2020 and brought through his counsel, Kanu Agabi (SAN) asked the
apex court to set aside its judgement of January 14, which nullified his
victory in the March 9, 2019 election and declared Hope Uzodinma of the APC
winner of the election after he presented excluded results from 388 polling
units. Recall that in its judgement, a seven-member panel of justices presided
by the Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, held that
Ihedioha was not validly elected as governor by majority of lawful votes cast
in the election. The panel therefore ordered the Independent National Electoral
Commission (INEC) to withdraw the certificate of return issued to Ihedioha and
a fresh certificate of return issued to Uzodinma forthwith and “he should be
sworn in as governor immediately.” In the main judgement read by Justice
Kudirat Kekere-Ekun, the apex court held that Uzodinma proved the allegation of
exclusion of results in 388 polling units of the state where he scored 213,695
votes.
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