Monday, February 10, 2025
HomeUncategorizedImo decision will haunt electoral jurisprudence for a long time - Supreme...

Imo decision will haunt electoral jurisprudence for a long time – Supreme Court Justice

Imo decision will haunt electoral jurisprudence for a long time - Supreme Court Justice

Justice Chima Centus Nweze who was part of the 7-man panel that
presided over the Imo review appeal filed by Emeka Ihedioha, raised an
alarm of the Supreme Court’s decision on the case, haunting
the electoral jurisprudence for a long time.

Recall that on January 14, 2020, the Supreme Court declared the All
Progressive Congress (APC) candidate, Hope Uzodinma as the valid winner
of the November 2019 Governorship election conducted in Imo state. The
apex court ordered the Peoples Democratic Party (PDP) candidate, Emeka
Ihedioha to vacate the office of the governor.

While the majority six insisted on the infallibility attribute of the
Supreme Court to hold fast to its verdict whether right or wrong, Nweze
recalled how same court reversed its judgement in the past.

The panel led by the Chief Justice of Nigeria (CJN), Justice Tanko
Muhammad voted six-to-one, with the majority agreeing to dismiss the
application.

Justice Kayode Ariwoola who read the majority verdict, said;

“Certainly this court has no inherent power to grant what is being
sought, it is beyond the powers of this Court. There is no
Constitutional provisions for this court to review its own judgment.

“To say the least, this court has no competence and lacked power to
sit on appeal in its own decision. Finality of the Supreme Court is
entrenched in the constitution and inherent power can only be invoked
where there is law to do so.

“This court cannot under any guise alter any judgment under any
inherent power, as doing so would bring the court into disrepute and
ridicule.

“The application is liable for dismissal and is hereby dismissed for want of jurisdiction and competence.”

Justice Nweze who insisted that the Supreme Court can reverse
itself in fulfilment of justice, stated that the apex court misled
itself into declaring Uzodinma as governor without evidence of meeting
other constitutional provisions.

He said;

“This decision of the Supreme Court will continue to haunt our electoral jurisprudence for a long time to come.

“In my intimate reading of the January 14 judgment, the substance of Ihedioha’s matter was lost to time frame.

“This Court once set aside its own earlier judgment and therefore cannot use time frame to extinguish the right of any person.

“This Court has powers to over rule itself and can revisit any decision not in accordance with justice.

“This decision of the Supreme Court will continue to haunt our electoral jurisprudence for a long time to come.

“This Court has a duty of redeeming its image.

“I am of the view that this application should succeed. I hereby make
an order setting aside the decision of this Court made on Jan. 14 and
that the certificate of return issued to the appellant be returned to
INEC.

“I also make an order restoring the respondents as winner of the March 9 governorship election.”

RELATED ARTICLES

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Most Popular