The Supreme Court has set tomorrow as the date to revisit its ruling in the case between the Peoples Democratic Party (PDP) and the All Progressives Congress (APC) in respect of the Imo State governorship election.
A seven-man panel of the court led by the Chief Justice of Nigeria, Justice Tanko Muhammad, had in its January 14, 2020 judgment removed Mr. Emeka Ihedioha of the PDP as governor and declared Mr. Hope Uzodinma of the APC as the winner of the governorship election held in the state on March 9, 2019.
The ruling sparked series of protests in different parts of the state and Abuja, with the leadership and members of the PDP taking their protest to the offices of the United Nations, European Union and the U.S Embassy.
The apex court declared Uzodinma, who came fourth in the governorship election as the duly elected governor of the state.
Justice Kudirat Kekere-Ekun, who read the lead judgment had upheld Uzodinma’s appeal ruling that the votes polled in 388 out of the 3,523 polling units were excluded in the final results declared by INEC in the state.
The apex court held that Uzodinma emerged winner of the election after the addition of the excluded votes.
The court ordered that the certificate of return issued to Ihedioha be immediately withdrawn.
The court directed that a fresh certificate of return should be issued to Uzodinma.
It also directed that Uzodinma should be immediately sworn in as the governor of the state.
Ihedioha had approached the apex court seeking the setting aside of judgment that removed him from office.
Ihedioha who described the judgment as a subversion of the will of Imo people had, through his lead counsel, Mr. Kanu Agabi on February 5, 2020 filed an application before the court seeking “an order setting aside as a nullity the judgment delivered by this Honourable Court on the 14th of January 2020 in Appeal No. SC.1462/2019 and Cross Appeal No. SC.1470/2019.”
He premised his appeal on eight on eight grounds.
One of the grounds is that the apex court did not take into cognisance the appeal court judgment which dismissed Uzodinma’s appeal.
The former governor is seeking one relief which is — his return as the duly elected governor of Imo.
But Uzodinma asked the Supreme Court to dismiss the application.
His request is contained in his preliminary objection dated February 6, challenging the competence of Ihedioha’s motion.
Uzodinma and his party, APC, in a motion on notice brought pursuant to Section 6(6) (a) of the 1999 predicated their objection on the grounds that “the application being a proceeding relating to or arising from election of a governor is barred by effluxion of time.
“The application constitutes an invitation to the Supreme Court to sit on an appeal over its final decision.”
Through their counsel, Mr. Damien Dodo, the defendants averred that “having delivered its final decision on the first and second respondents’ Appeal No. SC. 1462/2019 between Senator Hope Uzodinma & Anor v Emeka Ihedioha & 2 Ors., the Supreme Court has become fuctus officio and divested of jurisdiction over the same subject matter.”
