Tension as Supreme Court Fixes Ruling by 3pm for Uzodimma vs Ihedioha

By Okoye Chibuzo on 03/03/2020

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The Supreme Court of Nigeria in Abuja has reserved ruling over the application sort by the People's Democratic Party, PDP to set aside it's January 14, 2020 judgement declaring Hope Uzodimma of the All Progressive Congress APC  the Governor of Imo State until 3:00 pm today.

A seven-man panel of the court, led by Justice Ibrahim Muhammad, the Chief Justice of Nigeria (CJN) after suspending proceeding after taking arguments from both parties announced, that the court will rise to return by later for its decision.

An official of the apex court announced later that the decision of the court on the application by the PDP will be given at 3 pm today.

Kanu Agabi (SAN) representing Emeka Ihedioha and the PDP said his clients were only praying the court to correct a mistake that occasioned a great miscarriage of justice against them.

He stated that the judgment of the Court of Appeal that struck out Hope Uzodinma’s petition for being incompetent was not decided by the Supreme Court.

He further noted that, whereas only results from 366 polling units were in issue, the Supreme court panel, erroneously made reference to 388 polling units and queried the whereabouts of the results from 22 polling.

He described it as "fatal error" and also submitting that from the computation of the apex court, the total number of votes cast at the election exceeded the total number of accredited voters by over 129, 000 votes.

Agabi argued that he, Uzodinma “got a benefit for what he did not seek”. That Hope Uzodimma in his substantive petition before the Imo State Governorship Election Petition Tribunal maintained that March 9, 2019, gubernatorial election was invalid because of corrupt practices and non-compliance with the Electoral Act.

Ihedioha's Lawyer insisted that the Supreme Court was adequately empowered by section 6(6) of the 1999 Constitution, as amended, to reverse itself on the matter.

He said,
“My lords, when I was a child my father will beat me to cry and also beat me to stop. My Lords please we are crying, do not treat us like my father did. I urge you to set aside that judgement.

“My lords are human and can make mistake, but the law has given you the power to correct yourselves so that your mistakes are not immortalized”.

Hope Uzodinma and All Progressives Congress (APC) Lawyer, Damian Dodo (SAN) prayed the court to retain its judgment and refuse the request by Ihedioha.

He argued that the Apex court is not empowered under any known law to set aside its judgment as prayed by the PDP.

 

Posted on March, 3 2020

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