Awards N280m against applicants
The Supreme Court yesterday dismissed an application asking it to review its judgement which nullified the victory of the candidates of the All Progressive Congress (APC) in the 2019 general elections in Zamfara State.
With one out of seven justices dissenting, the court, led by the Chief Justice of Nigeria, Tanko Mohammed held APC’s application was an abuse of court process.
Recall that the fresh application before the apex court was brought by a faction of the APC led by a former governor of the state, Mr. Abdulaziz Yari.
Recall also that APC in the state had approached the apex court to set aside its judgment of May 24, 2019 which disqualified all candidates of the APC in the general election in Zamfara State on grounds of not conducting a valid primary for the selection of its candidates for all elective positions in the state.
The APC in the application said the apex court had the power to set aside the consequential order that brought candidates of the PDP into elective offices in Zamfara because the court lacked the jurisdiction to make such an order.
The APC in its submissions presented by it lawyer, Mr. Robert Clarke, also argued that the May 24 judgment was a nullity and should be set aside because the order benefited a non-party in the suit, adding that the order disenfranchised the electorates of Zamfara who participated in the 2019 general election.
However, the court in its ruling agreed with the objection raised by counsel for Mr. Kabiru Marafa’s faction, Mr. Mike Ozekhome, that the application ran contrary to the provisions of Order 8 Rule 16 of the court which prohibits the apex court from reviewing or setting aside its own well considered judgment.
In a majority ruling, the judges dismissed the application on the grounds that it was without merit.
Justice Inyang Okoro, who read the lead judgement, upheld the preliminary objection raised against the application by counsel for the 1st to 140th respondents (who are members of the Marafa’s faction), to the effect that no law, not even the Constitution, empowers the Supreme Court to change its mind on a decided case.
Justice Okoro was of the view that the Supreme Court is only empowered to hear appeals from the Court of Appeal and not to sit on appeal over its own decision.
“The instant application is asking the court to change its consequential order and to make another one in the applicant’s favour.
“This is what the court’s Rule prohibits. It says the Supreme Court shall not sit on appeal over its judgment.
“There is no doubt that Order 8 Rule 16 of the Rules of this court are clear, unambiguous and beyond per adventure, that this court shall not review any judgment once delivered, save to correct any clerical mistake or some errors arising from any accidental slip or omission or to vary the judgment or order so as to give effect to its meaning,” he said.
Justice Okoro referred to past decisions of the court on similar cases, the recent being those in relation to the court’s judgment in Bayelsa and Imo states.
He added that by the provision of Section 285 of the constitution, “the finality of the judgment of the Supreme Court is sealed.
“No one is allowed to file an appeal through the back door, no matter how the processes are disguised.
“From all I have said so far, it is crystal clear that this court has no jurisdiction to entertain the application of the appellant as the prayers in the motion want this court to contravene its rules by substituting a legitimate consequential order, made contemporaneously with the judgment of the court, to suit the desire of the applicant.
“The application is a gross abuse of the process of this court. It is frivolous and indeed, very vexatious.
“It violently violates Order 8 Rule 16 of the Rules of this court. The preliminary objection is upheld on the first ground of the objection, and there is no need to consider the other grounds.
“This application is accordingly dismissed.
“I have said it before that political parties must obey their constitutions and play by the rules of the game.
“They are all supposed, not only respect the constitution of the Federal Republic of Nigeria, but also the rules made by the electoral umpire.
“Where any political party fails, refuses and or neglects to follow the rules of the game, the hammer of the court will always fall on them no matter whose ox is gored.
“It is in the interest of the country and the electoral process that things should be done orderly. Anarchy is nobody’s friend.
“Counsel must be reminded that the Supreme Court of Nigeria is probably the busiest in the world.
“Therefore, only serious matters should be brought here and not this type of application. I think a word is enough for the wise.
“Cost in this application is assessed at N2million, to be paid by the applicant to the 1st to 140 respondents only,” Justice Okoro said. N280, 000, 0000
In a dissenting judgment, Justice Centus Nweze held that the court ought to have reviewed the judgment by setting aside the consequential order which made the PDP the ultimate beneficiary of the intra-party crisis in the Zamfara APC.
Justice Nweze was of the view that if the court believes it is not a Father Christmas, it ought not to have made the consequential order which was grounded on reliefs not sought and which made a non-party to the litigation the beneficiary.
He was of the view that it was better for the court to admit error and rectify it instead of justifying an error that fails to serve the interest of justice.
The judge noted that the Supreme Court had reviewed its decision before and should be bold enough to admit where there are errors that ought to be rectified.
He dismissed the objection raised by the respondents, upheld the application and granted the prayers sought.
With Premium Times, The Nation reports
