Imo Guber: Supreme Court and Common Knowledge
In my many years at the bar, Justice Sampson Uwaifo remains one of the jurists whose dicta I willingly follow with unquestioned obedience, and he has never disappointed me. At his valedictory upon retirement from the Supreme Court some years back, he had admonished the legal community to find a solution to problems associated with common knowledge.
This was the plank upon which I, on the back page of Thisday Newspaper published Friday, March 11, 2011, commented on Yusuf Olaniyonu’s ‘NBA’s Misplaced Priorities’ published in the same column of Friday, February 25, 2011. Let me crave the indulgence of the reader to use this same plank to attempt an opinion on the recent Supreme Court judgement on Uzodinma v. Ihedioha.
If one understood Justice Uwaifo well, he mused over the possibility of grafting common knowledge-that which everyone knows-into the corpus of our jurisprudence. The how was what he did not know, hence the challenge. His frustration can be gleaned from the fact that he would have suffered years at appellate courts navigating technicalities even where the justice of many cases staired him in the face.
In this regard, the Supreme Court must ponder three things: 1. Rumours that upon admitting results of the 288 booths, the results substantially exceeded accredited voters. 2. The clear unlikelihood of Uzodinma scoring in excess of 96% of the votes from the 288 booths as against less than 3% by Ihedioha, with other parties awarded nothing. 3. And the fact that APC performed woefully in the State Assembly elections.
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