In a six-to-one judgement, the Supreme Court on Tuesday dismissed the application by the sacked Governor of Imo State, Emeka Ihedioha...
In a six-to-one judgement, the Supreme Court on Tuesday dismissed the application by the sacked Governor of Imo State, Emeka Ihedioha for a review of the court’s January 14, 2020 judgment, sacking him.
Justice Nweze held that the the portion of judgment of the Court of Appeal, which struck out the petition by Hope Uzodinma, was not resolved by the Supreme Court. Agabi argued that the court was misled into giving the judgment. He added that it was better for the court to correct the error by reviewing the judgment rather than retaining the error for the future.
“Generally, by the provision of the Rules of this court, it shall not review any judgment once delivered by it save to correct any clerical mistake or some errors arising from any accidental slip of omission, or to vary the judgment or order so as to give effect to its meaning or intention.
“It is clear from the tone and the wording of the instant application that what is being sought is asking the court to sit over its own judgment already delivered and executed. That is certain beyond the competence of this court. Justice Ariqoola held that the implication of the Order 8 Rule 16 of the court’s Rules is that the court “does not have the competence and lacks the required jurisdiction to review its own judgment, except, as earlier stated, in the circumstances set out in the Rules of this court.”
Justice Ariwoola relied on another earlier judgment of the court where it was held that among others, that the finality of the decision of the Supreme Court in civil proceedings is absolute unless specifically set aside by a later legislation. “To ask us to set aside the judgment of this court delivered on the 14th of January 2020 is an invitation to ask us to sit on appeal over our own judgment. We cannot do so.
In his dissenting ruling, Nweze said there a number of reasons for the court to have granted the review sought by Ihedioha. Justice Nweze also faulted the results Uzodinma claimed at the tribunal and wondered why he omitted to present the scores of the other candidates in the election.
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