HeadlineSupreme Court Dismisses Ihedioha, PDP's Application For Review

Supreme Court Dismisses Ihedioha, PDP’s Application For Review

aiteo

BEVERLY HILLS, March 03, (THEWILL) – The Supreme Court has dismissed Emeka Ihedioha’s Application for Review of its judgement which sacked him as Imo governor.

Ihedioha made the request in an application he and the Peoples Democratic Party filed at the Supreme Court through their lawyer, Chief Kanu Agabi (SAN).

The seven-man panel of the apex court led by Justice Tanko Muhammad, the Chief Justice of Nigeria (CJN) in a six to one judgment ruled that the application lacked merit while Justice Chima Nweze gave a dissenting judgment, stressing that the decision ought to be reviewed.

Justice Kayode Ariwoola, while delivering the majority ruling, held that the apex court lacked powers to sit on appeal in its own judgment saying granting the request of the applicants would open the flood gate by parties to all kinds of litigations.

It insisted that by the provision of section 235 of the 1999 Constitution, its decision on any judgment based on merit is final and shall not be reviewed once delivered under any guise, except for clerical errors.

“Certainly this court has no inherent power to grant what is being sought. It is beyond the powers of this Court,” he said.

“There is no Constitutional provisions for this court to review its own judgment. To say the least, this court has no competence and lacks power to sit on appeal in its own decision.

“Finality of the Supreme Court is entrenched in the constitution and inherent power can only be invoked where there is law to do so. This court cannot under any guise alter any judgment under any inherent power, as doing so would bring the court into disrepute and ridicule.

“The application is liable for dismissal and is hereby dismissed for want of jurisdiction and competence.”

In his dissenting judgment, Justice Nweze held that the court has the power to overrule itself in a situation where such a judgment was not seen to have met the justice of the case.

He added that the Imo State Governor, Hope Uzodinma, misled the court in arriving at the judgment which removed Ihedioha from office after about 10 months.

According to the judge, there is no evidence that Governor Uzodinma satisfied the required spread to have been declared the winner of the election.

He, therefore, told other judges on the panel that the judgment upholding Uzodinma’s victory in the March 9, 2019 poll would continue to haunt the nation’s electoral jurisprudence.

“In my intimate reading of the January 14 judgment, the substance of Ihedioha’s matter was lost to time frame. This Court once set aside its own earlier judgment and therefore cannot use time frame to extinguish the right of any person.

“This Court has powers to overrule itself and can revisit any decision not in accordance with justice. This decision of the Supreme Court will continue to haunt our electoral jurisprudence for a long time to come.

“This Court has a duty of redeeming its image. I am of the view that this application should succeed.

“I hereby make an order setting aside the decision of this Court made on January 14 and that the certificate of return issued to the appellant be returned to INEC.

“I also make an order restoring the respondents as winner of the March 9 governorship election,” he declared.

About the Author

Homepage | Recent Posts

5 COMMENTS

More like this
Related

Gov. Diri Tasks New SSG On Service Delivery

March 28, (THEWILL)- Bayelsa State Governor, Senator Douye Diri,...

Police Nab 22 For Alleged Armed Robbery In Kano

March 28, (THEWILL)- The Kano State Police Command has...