Tuesday 3 March 2020

Supreme Court affirms Hope Uzodinma as governor, dismisses application by Ihedioha for judgment review



The Nigeria Supreme Court has today, affirmed Senator Hope Uzodinma as the governor of Imo state and has dismissed the application by the counsel to Chief Emeka Ihedioha for judgment review

A seven-member panel of justices presided by Justice Tanko Muhammad today ruled that the court lacks the jurisdiction to sit on appeal over its judgement on the Imo governorship. In the main judgement read by Justice Olukayode Ariwoola, the apex court held that the application lacked merit and dismissed the application. “The judgement of the Supreme Court is a finality,” he said.

The judge however said no cost would be awarded against the applicants. Justice Nweze however delivered a dissenting judgement.

It could be recalled that Ihedioha and the PDP had in an application dated February 5, 2020 and brought through his counsel, Kanu Agabi (SAN) asked the apex court to set aside its judgement of January 14, which nullified his victory in the March 9, 2019 election and declared Hope Uzodinma of the APC winner of the election after he presented excluded results from 388 polling units. Recall that in its judgement, a seven-member panel of justices presided by the Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, held that Ihedioha was not validly elected as governor by majority of lawful votes cast in the election. The panel therefore ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to Ihedioha and a fresh Certificate of Return issued to Uzodinma forthwith and “he should be sworn-in as governor immediately.” In the main judgement read by Justice Kudirat Kekere-Ekun, the apex court held that Uzodinma proved the allegation of exclusion of results in 388 polling units of the state where he scored 213,695 votes.



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