The Supreme Court will on Monday hear an application filed by Emeka Ihedioha PDP, asking it to review a judgement on Imo governorship
had reported how, in a unanimous judgment of the seven-member panel, read by Justice Kudirat Kekere-Ekun, the apex court agreed that results in 388 polling units were unlawfully excluded during the collation of the final governorship election result in Imo State.
The court ordered that the certificate of return issued to Mr lhedioha be immediately withdrawn by INEC and a fresh one issued to Mr Uzodinma as the elected governor of the state. The aggrieved party brought their application pursuant to Section 6 of the 1999 Constitution as amended and Section 22 of the Supreme Court Act 2004.
They further argued that the judgment, “which is a nullity sought to be set aside because it was given per incuriam.” The applicants, among other grounds argued that the majority judgment of the Court of Appeal dismissing Mr Uzodinma’s petition as incompetent continues to subsist as the appeal against that decision was not considered by the apex court.But, in a 19-paragraph affidavit filed in opposition to Mr Ihedioha’s request, Mr Uzodinma and the APC said the 60 days allowed for the apex court by the constitution has since elapsed.
The deponent averred that by the rule of the apex court, the court is prohibited from reviewing its own judgment once delivered except to correct clerical mistakes or accidental slips. “I know as a fact that the issue of a total number of votes cast exceeding the total number of accredited voters did not arise from the petition or the appeal considered and determined by the Supreme Court.
According to the respondents, by virtue of Section 285 of the 1999 Constitution , the Supreme Court could no longer decide on the matter that has become statute-barred.of the judgment which nullified the victory of the candidates of the party at the 2019 general elections held in Zamfara State.
“We make bold to say that it is more than a national consensus that the Imo judgement was given per incuriam with due respect to the Supreme Court, and since the attention of the apex court has been through a formal application for review drawn to the obvious errors and slips in the matter, it was only a matter of when and not if, for the court to depart from the judgement of January 14, 2020.
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