Uzodinma Vs Ihedioha: Battle shifts again to S’Court

…Gov Uzodinma wants motion struck out

…Ex-Gov Ihedioha seeks reversal of judgement

Imo State Governor, Hope Uzodinma, has asked the Supreme Court to dismiss an application filed by former Governor Emeka Ihedioha, seeking a judicial review of the apex court’s judgment of January 14, 2020, that removed Ihedioha from office.

This is even as the former Governor, Emeka Ihedioha, will begin his quest to convince the Apex Court to reverse itself on the judgement sacking him from office on Tuesday.

In the preliminary objection, Uzodinma’s application is attacking the competence of motion dated 5th February, 2020, filed by the Respondents/Applicants (Ihedioha and PDP), wherein they prayed the Supreme Court for an order setting aside “as a nullity the judgment delivered by it on the 14th of January, 2020 in Appeal No. SC.1462/ 2019 and Cross-Appeal No. SC.147Y0/ 2019.

Uzodinma and APC’s preliminary objection is dated February, 6, 2020 and brought pursuant to Section 6(6)(a) of the 1999 Constitution of the Federal Republic of Nigeria, as amended.

The motion raised and argued the competence of Ihedioha’s motion and the jurisdiction of the court to entertain same. Uzodinma and his party, the APC vehemently opposed Ihedioha application for a review and urged the apex court to strike out the motion.

The appellants/respondents/objectors (Uzodinma and APC) through their counsel, Damian Dodo, predicated their objection on the grounds that: “The appIication 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,” Uzodinma posited.

The objectors submitted that:”Having delivered its final decision on the 1st 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 fuctus 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 1st Respondent/Objector as Governor of Imo State, this Honourable Court lacks the jurisdiction to grant the prayer sought,” Uzodinma argued.

More so, Uzodinma stated that Ihedioha’s application “constitutes an abuse of court process” and “is against public policy”.

He added that the application filed by the ousted governor amounts to an invitation to the Court to indulge in academic exercise and answer hypothetical questions.

Recall that after the March 9, 2019 gubernatorial election in Imo State, the INEC had declared Rt Hon. Emeka Ihedioha as winner of the poll.

Aggrieved by the declaration of Ihedioha by the INEC as winner of the governorship election, Uzodinma and APC challenged the said declaration by way of a petition.

The litigation that ensued from the petition ultimately led to the appeal by Uzodinma and APC against the decision of the Court of Appeal which by majority decision dismissed their appeal against the decision of the Election Tribunal to apex court. Ihedioha and PDP also cross appealed.

However, in its judgment of 14th January, 2020, the Supreme Court held that there was merit in the appeal filed by Uzodinma and allowed same.

Consequently, the judgment of the lower court affirming the judgment of the Governorship Election Tribunal which declared Ihedioha winner of the Imo governorship election was set aside.

Among the orders, the Supreme Court declared that votes due to the Appellants, Uzodinma & APC from 388 polling units were wrongly excluded from the score ascribed to them.

It ordered that the Appellants’ votes from the 388 polling units unlawfully excluded from the Appellants’ score shall be added to the results declared by the INEC.

The Supreme Court also declared that the 1st Respondent, Rt. Hon. Emeka Ihedioha was not duly elected by a majority of lawful votes cast at the said election, and that his return as the elected Governor of Imo State was null and void and accordingly set aside.

“It is hereby declared that the 1st Appellant, Sen. Hope Uzodinma polled a majority of lawful votes cast at the Governorship Election held in Imo State on 9th March, 2019 and satisfied the mandatory constitutional threshold and spread across the state.

“It is hereby declared that the 1st appellant, Sen. Hope Uzodinma is the winner of the Govemorship Election of Imo State held on 9th March, 2019.

The Certificate of Return issued to the 1st respondent Rt. Hon. Emeka Ihedioha was withdrawn and a fresh certificate of return was issued to the 1st appellant, Sen. Hope Uzodinma and he was later sworn in as the Governor of lmo State.

In its objection, Uzodinma reminded the Supreme Court that “It is “mortar“ to note that amongst the orders issued in the judgment by His Lordships was Order 7 which reads: “It is hereby ordered that a certificate of return shall be issued to the 1st appellant, Sen. Hope Uzodinma forthwith and he should be sworn in as the Governor of lmo State immedately” the Supreme Court held on January 14, 2020.

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He said the above order has since been made effective by his inauguration as the Governor of lmo State.

Meanwhile, former governor of Imo State, Emeka Ihedioha, will begin his quest to convince the Supreme Court to reverse itself on the judgement sacking him from office on Tuesday.

This comes as the apex court fixed the date to hear the appeal filed by Ihedioha of the Peoples Democratic Party (PDP) asking it to review its judgement on the governorship election held on March 9, 2019, in Imo State.

“The Supreme Court has fixed the 18th of this month (February) for hearing of Chief Emeka Ihedioha’s appeal seeking a review of the apex court’s January 14 judgment,” a source confirmed on Saturday.

The Supreme Court fixed the date one month after it sacked Ihedioha on January 14 and declared the candidate of the All Progressives Congress (APC), Senator Hope Uzodinma, as the duly elected governor of Imo State.