By Orji Sampson
The much awaited judgment on the Imo guber tussle between Uzodinma and Ihedioha was finally given on Tuesday March 3, 2020 with the Supreme Court declining to restore Rt Hon Emeka Ihedioha of the PDP as governor of Imo State.
According to a decision by the seven-man panel of Justices led by the Chief Justice of Nigeria CJN, Justice Tanko Muhammad, the apex court reinstated the verdict it gave on January 14, which declared Sen Hope Uzodinma of the APC as the validly elected governor of Imo State.
The apex court while saying no to Ihedioha’s prayer, described the application as an invitation for the Supreme Court to sit on appeal over its own final judgment.
In the lead verdict that was delivered by Justice Olukayode Ariwoola, the apex court, held that Ihedioha’s application to set aside the judgment that removed him from office lacked merit.
In his statement, “it is settled law that this court has no power to change or alter its own judgment or sit as an appellate court over its own judgment.
The apex court further held that getting the PDP and Mr Ihedioha’s request, “would open the flood gate by parties to all kinds of litigations.
They also averred that by the provision of section 235 of the 1999 constitution, its decision on any judgment based on merit is final and shall not be reviewed once delivered under any guise, “except for clerical errors”.
Justice Ariwoola further stated that by order 8, Rule 16 of the supreme court.” the general law is that it has no power to alter any judgment”.
He added that once such a judgment is delivered on merit, “it shall remain forever”.
Meanwhile, The Peoples Democratic Party (PDP) has rejected the verdict of the Supreme Court on the review of its judgment on the Imo state governorship election as it faulted the judgment of the apex court.
The court had dismissed the application filed by the PDP candidate, Emeka Ihedioha, seeking a review of its judgment which removed him from office after about 10 months.
But the application was dismissed in a majority judgment of a seven-man panel of judges led by the Chief Justice of Nigeria, Justice Tanko Muhammad.
But in a statement by its National Publicity Secretary, Kola Ologbondiyan, the PDP described the judgment as “a disconcerting endorsement of electoral fraud,” saying it has placed a huge burden on the court and the justices.
The statement said, “Our party abides completely by every word of the judgment of Justice Nweze as treated facts, which are truly sacred.
“Justice Nweze’s pronouncement, which went straight into the substance of our application represents a universal view about the travesty of justice that occurred in the Imo state governorship election judgment.
“It is indeed unfortunate that the Supreme Court had the wholesome opportunity to redeem itself and correct its errors but chose to hide behind technicality to justify and endorse an electoral fraud.”
According to the opposition party, Nigerians expected the Supreme Court correct the errors purportedly made earlier and handed over victory to the supposed rightful winner.
It alleged that the court failed to summon the courage to affirm its infallibility but upheld and legalise the writing of election results by individual contestants against the will of the people as expressed at the poll.
The PDP called on all election stakeholders to rally to create remedies for what it described as a pathetic situation before the nation’s entire electoral process became vanquished.
“This judgment will continue to haunt the Supreme Court. It has created a burden of precedence and fallibility on the court.
“More distressing is the fact that the judgment has heavily detracted from the confidence Nigerians and the international community reposed on the Supreme Court and our entire jurisprudence,” the statement added.
