“The application is hereby dismissed and parties are to bear their respective costs.”
• You’ve inherent power to do so, Justice Nwenze insistsThe tussle over who governs Imo State for another four years ended yesterday as the Supreme Court dismissed the appeal filed by the ousted governor, Emeka Ihedioha, and his Peoples Democratic Party .
“The court does not have the competence and lacks the jurisdiction to review its own judgment. The finality of the Supreme Court is inherent in the constitution. He also confronted his colleagues with instances in the Nigeria’s Supreme Court and other supreme courts, including those of the United Kingdom , United States and Australia, where the courts had exercised their powers to over-rule themselves, and consequently urged his colleagues to visit the recent judgment in the interest of justice.
He said: “There were over 129,340 votes in excess of accredited voters. The court can redeem its image by setting aside its judgment. If not, this will continue to hurt our electoral jurisprudence. It is awkward and embarrassing to the court. He misled the court. At the resumed hearing yesterday, counsel to Ihedioha and PDP, Chief Kanu Agabi , asked the court to set aside its earlier judgment and uphold the verdict of the lower court which upheld the election of Ihedioha.
“The only exception is if there was a slip or that the judgment rendered does not reflect the intention of the court, but it is not so in this case. Therefore, the invitation to review is not tenable,” he argued. In its reaction, PDP described yesterday’s verdict of the Supreme Court as “a disconcerting endorsement of electoral fraud, which places a huge burden on the court and the justices.”
According to the PDP, “it is indeed unfortunate that the Supreme Court had the wholesome opportunity to redeem itself and correct its errors, but chzose to hide behind technicality to justify and endorse an electoral fraud. “This judgment will continue to haunt the Supreme Court. It has created a burden of precedent ß and fallibility on the court,” the statement stressed.
But in some areas, especially the ever- busy Wethdral Road, scores of Uzodinma’s supporters were spotted dancing and marching on the streets. On his part, the Director General of the Voice of Nigeria, Osita Okechukwu, said the apex court’s decision was ‘a Daniel come to judgment’ because, regardless of how anyone or party felt, the Supreme Court ought to be given its due as the highest court of the land.
According to the group, the court violated the ‘spirit and principle of justice’ which is the whole essence of the necessity for the judiciary and so may heighten the political tension in Imo and the southeast at large While the court, in its lead judgment read by Justice Olukayode Ariwoola held that “the application was an invitation for the Supreme Court to sit on appeal over its own final judgment,” it was obvious that PDP’s decision to reopen the presidential election petition matter frightened the apex court.
Announcing the party’s decision at a press conference, the PDP National Publicity Secretary, Ologbodiyan, disclosed that the National Working Committee had also resolved to seek a review of the governorship polls it lost in Osun, Kaduna and Kogi states. Meanwhile, the APC has called for immediate parliamentary amendment of the Electoral Act to make it an offence for courts to impose on the electorate a rejected candidate during a democratic election.
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