Page 36 The Supreme Court has dismissed the application for the review of the judgement sacking the former Governor of Imo State, Emeka Ihedioha, of the Peoples Democratic Party, PDP, and declaring Hope Uzodinma, of the All Progressives Congress, APC, the winner of the March 9, 2019 judgement.
The seven-member Panel of Justices, presided by Justice Tanko Muhammad, the Chief Justice of Nigeria, CJN, on Tuesday, ruled that the court lacks the jurisdiction to sit on the appeal over its judgment on the Imo State Governorship.
In the main judgment read by Justice Olukayode Ariwoola, the Apex Court held that the application lacked merit, and dismissed the application.
“The judgement of the Supreme Court is a finality”, he said.
The Justice however, said that no cost would be awarded against the Applicants.
Justice Nweze, nonetheless, delivered a dissenting judgement.
Earlier, the Counsel to the 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 the Counsel to Uzodinma, Damian Dodo, SAN, stated that 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, Tanko Muhammad, held that Ihedioha was not validly elected as Governor of the State, by majority of lawful votes cast in the election.
Recall, that 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.
