Supreme Court dismisses Imo review application

The Supreme Court has dismissed the application for the review of the decision sacking former governor of Imo State, Emeka Ihedioha and declaring Hope Uzodinma winner of the March 9, 2019 judgement.

A seven-member panel of justices presided by Justice Tanko Muhammad on Tuesday ruled that the court lacks the jurisdiction to sit on appeal over its judgment on the Imo governorship.

In the main judgment read by Justice Olukayode Ariwoola held that the application lacked merit and dismissed the application.

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“The judgement of the Supreme Court is a finality,” he said.

The judge however said no cost would be awarded against the applicants.

Justice Nweze however delivered a dissenting judgement.

Earlier, counsel to PDP and Ihedioha, Kanu Agabi (SAN) asked the apex court to set aside the judgement of January 14 and uphold the judgement of the Court of Appeal which dismissed the petition by Uzodinma. But counsel to Uzodinma, Damian Dodo (SAN) said the Supreme Court judgement actually set aside every decision of the Court of Appeal, which he described as a “Tsunami”.

He added that there was no ambiguity in the judgement of the Supreme Court which declared his client winner.

Ihedioha and the PDP had in an application dated February 5, 2020 and brought through his counsel, Kanu Agabi (SAN) asked the apex court to set aside its judgement of January 14, which nullified his victory in the March 9, 2019 election and declared Hope Uzodinma of the APC winner of the election after he presented excluded results from 388 polling units.

Recall that in its judgement, a seven-member panel of justices presided by the Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, held that Ihedioha was not validly elected as governor by majority of lawful votes cast in the election.

The panel therefore ordered the Independent National Electoral Commission (INEC) to withdraw the certificate of return issued to Ihedioha and a fresh certificate of return issued to Uzodinma forthwith and “he should be sworn in as governor immediately.”

In the main judgement read by Justice Kudirat Kekere-Ekun, the apex court held that Uzodinma proved the allegation of exclusion of results in 388 polling units of the state where he scored 213,695 votes.