The Peoples Democratic Party (PDP) has described as “a glimpse of hope for our nation’s judiciary”
the dissenting judgment by Justice Chima Centus Nweze in the appeal by Mr. Emeka Ihedioha of the Peoples Democratic Party (PDP) asking the Supreme Court to reinstate him as the governor of Imo State.
The PDP was reacting to yesterday’s majority ruling of the court which dismissed the appeal filed by Ihedioha on the grounds that it had no hearing power in the matter.
In the lead judgment read by Justice Olukayode Ariwola the court held that revisiting its January 14 verdict would open the floodgate of similar applications.
“The application was an invitation for the Supreme Court to sit on appeal over its own final judgment. Granting the request of the applicants will open the floodgate by parties to all kinds of litigation.
“The general law is that the court has no power under any provision order to review any application unless to correct an error. This court has on each occasion stated that it lacks jurisdiction to do that. We cannot sit as an appeal court. We have no hearing power in respect of the matter.
“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.
“To ask us to set it aside means an appeal for us to sit on our own decision, which we have no jurisdiction over.
“The application is hereby dismissed and parties are to bear their respective costs.”
However, Nweze, in a dissenting ruling faulted the January 14 judgment that sacked Ihedioha describing it as a “wonder that shall never end.”
The judge maintained that the Supreme Court had the inherent power to revisit its judgment besides confronted his colleagues with instances in the Nigeria’s Supreme Court and other supreme courts, including those of the United Kingdom (UK), United States (US) and Australia, where the courts had exercised their powers to over-rule themselves.
He stressed that except the judgment was set aside, it would continue to hurt the nation’s electoral jurisprudence.
He pointed out that the candidate of the All Progressives Congress (APC), Mr. Hope Uzodinma, in his petition, presented his case without the record of accredited voters.
He nullified the declaration of Uzodinma as governor on account of wrong declaration and held that Uzodinma mischievously misled the court into unjust conclusion with the unverified votes in 388 polling units.
“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.
“When the appellant presented his table of exhibit, he mischievously excluded the votes of others and the court declared him winner. I am of the firm view that this court should set aside the initial judgment and restore the judgment of the lower court.”
Justice Nweze added that the apex court had a duty in the interest of justice to set aside its decision that was given in error.
“In my intimate reading of the January 14 judgment, the meat and substance of Ihedioha’s matter were lost to time frame.
“This court once set aside its own earlier judgment and therefore cannot use the time frame to extinguish the right of any person.
“This court has powers to overrule itself and can revisit any decision not in accordance with justice. The decision of the Supreme Court in the instant matter will continue to haunt our electoral jurisprudence for a long time to come,” he added.
To him, the judgment that declared Uzodinma winner was entered in error.
The PDP, in a statement by its national publicity secretary, Mr. Kola Ologbondiyan, applauded Nweze’s minority judgement saying “in the face of the sad verdict, Justice Nweze’s judgment presents a glimpse of hope for our nation’s judiciary.”
“Our party abides completely by every word of the judgment of Justice Nweze as treated facts, which are truly sacred.
“Justice Nweze’s pronouncement, which went straight into the substance of our application, represents a universal view about the travesty of justice that occurred in the Imo State governorship election judgment,” PDP added.
On the ruling, the PDP said it was unfortunate that “the Supreme Court had the wholesome opportunity to redeem itself and correct its errors but chose to hide behind technicality to justify and endorse an electoral fraud.
“What Nigerians expected of the Supreme Court, since the error in its earlier judgement had been fully established, was to summon the courage to affirm its infallibility by correcting the errors and handing over victory to the rightful winner. Sadly, it failed to do so.
“For the avoidance of doubt, what the Supreme Court had done in this judgement is to uphold and legalise the writing of election results by individual contestants against the will of the people as expressed at the poll.
“As a party, we hold that on this judgement, all election stakeholders must rally to create remedies for this pathetic situation created by the Supreme Court in the Imo governorship election before our entire electoral process becomes vanquished.
“More distressing is the fact that the judgement has heavily detracted from the confidence Nigerians and the international community reposed on the Supreme Court and our entire jurisprudence.
“This judgement will continue to haunt the Supreme Court. It has created a burden of precedence and fallibility on the Court.”
