Imo Governorship tussle: How the two camps plead

The Supreme Court is set to deliver a judgement in an application filed by Emeka Ihedioha of the Peoples Democratic Party (PDP), asking it to set aside a judgement on Imo governorship election that declared Hope Uzodinma of the All Progressives Congress (APC) winner, these are the plead of the two camps on the matter.

At the hearing on Tuesday, Ihedioha’s lawyer and the PDP, Kanu Agabi, said they were not in court to challenge the Supreme Court. “This court is Supreme and your judgements are final. It is as we hope in God to change his mind that we came to you to change your mind, ” he added.

Agabi further said, “It is better than those who feel aggrieved to come before your lordship, to show their grief, rather than stay at home and grumble.”

Arguing on their application dated and filed on February 17, the senior lawyer held that, the petition that had led to the apex court decision delivered on January 14, was earlier struck out by way of incompetence.

He said the appellants abandoned their appeal at the lower court.

Agabi noted: “At least 34 times, the reference was made to 388 Polling Units (PU), where the appellant alleged that their votes were excluded, but they rendered results only in respect to 366 PU, whereas, give the credit for 388.”

He further argued that the number of votes cast exceeded the number of accredited voters by 189,000 votes.

According to him, the APC and Uzodinma stigmatised the election as invalid, which is part of their grounds which they argued, he said.

He said the apex court judgement does not show that they have the required constitutional spread.

The lawyer pointed out that the appellants had said the election was invalid and held that election should be conducted in the 388 PUs.

He further told the apex court that their case is different from that of Bayelsa State. Agabi finally urged the court to set aside the apex court judgement.

He added:  “If this judgement is set aside, the judgment of the Court of Appeal would be restored.”

On his part, the lawyer for the APC and Uzodinma, Damian Dodo, urged the court to dismiss Ihedioha and his party’s application, “one on merit and the other on incompetence,” he added.

Dodo argued:  “There is the total lack of jurisdiction of this court to revisit its judgement of January 14, 2020, whether the application is characterised as an application for review or classified as an application to set aside or so, however, dressed or clothed. This court has consistently and rightly so, held that there is a lack of jurisdiction to sit on appeal of its judgement,” he added.

The senior lawyer said there is no constitutional provision that allows the apex court to review its own decision.

This application falls short of what the Supreme Court rule states, in respect to reviewing a judgement, he said.

He urged the court to take particular note of the fact that the judgment of the court, delivered on January 14, clearly and categorically set aside the decision of the lower court, in all its ramifications.

Damian held that the apex court’s decision was a clear pronouncement, adding that the setting aside of the lower court decision was not ambiguous but was clear.

He urged the court to dismiss the application on merit and finally said, “This application should fail.”

Following this, the apex court announced that the court would reconvene by 3: 00 pm to deliver judgement on the matter.