Supreme Court Can’t Hear Ihedioha’s Review Application — Uzodinma
THE Governor Hope Uzodinma of Imo State says the Supreme Court no longer has powers to hear the application for the review of the January 14, 2020 judgment which sacked his predecessor, Emeka Ihedioha, from office and installed him as his replacement.
Uzodinma spoke through his lawyer , Damian Dodo ( SAN ), argued that the time within which the court was permitted to entertain the case which emanated from an election petition had passed.
He also cited the provision of Order 8 Rule 16 of the Supreme Court Rules 2014 which he said “prohibits the court from reviewing its judgment once delivered , save to correct clerical mistakes or accidental slip .”
This is contained in his preliminary objection which he filed against the application filed by Ihedioha , seeking the review and reversal of the January 14 , 2020 judgment of the apex court.
The preliminary objection stated in part, “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 appeal over its final decision.
“Having delivered its final decision on the 1 st and 2nd respondents’ Appeal No. SC. 1462 / 2019 between Senator Hope Uzodinma & Anor v Rt . Hon. Emeka Ihedioha & 2 Ors., the Supreme Court has become functus officio and divested of jurisdiction over the same subject matter.
“Order 8 Rule 16 of the Supreme Court Rules 2014 prohibits this honourable court from reviewing its judgment once given and delivered, save to correct clerical mistakes or accidental slip.
“The judgment sought to be set aside having been given effect by the inauguration of the 1 st respondent /objector as Governor of Imo State, this honourable court lacks the jurisdiction to grant the prayer sought.”
Uzodinma added that Ihedioha’s application “constitutes an abuse of court process ” and “is against public policy.”
Uzodinma , who is of the All Progressives Congress , also described it as an invitation to the court to indulge in academic exercise and answer hypothetical questions .
A seven – man panel of the apex court led by the Chief Justice of Nigeria, Justice Tanko Muhammad, had in its January 14, 2020 judgment removed Iheodioha as the Governor of Imo State and declared Uzodinma as the winner of the last governorship election in the state.