By News Desk
Supreme Court of Nigeria on Tuesday dismissed suit filed by Peoples Democratic Party (PDP) candidate during Imo State Gubernatorial election, Emeka Ihedioha, demanding a review of the judgement that declared Hope Uzodinma, of All Progressives Congress (APC) winner.
The Apex court had earlier ruled that in favour of Uzodinma, declaring him the winner of 2019 governorship election in the state. And instructed Independent National Electoral Commission (INEC) he should be swear in as governor.
In the judgement delivered by a seven-man panel led by Chief Justice of Nigeria, Justice Tanko Muhammad, dismissed the suit, ruling that the application lacked in merit.
According to the court, Going by provisions of the rules governing this court, it shall not review any judgment delivered by it safe for any accidental slip or clerical errors.
The general law is that the court has no power to alter or vary any Judgment, except to correct error, or an order which is a nullity, or judgment or order made against a party of default.
The court further said it had no inherent power to exercise its power over matter which it lacks jurisdiction, saying, there is no constitutional provision for review of the Supreme court judgment by itself.
It stated that the wish of Ihedioha would have been granted if there was a missing link in the judgement earlier delivered by the court on outcome of Imo gubernatorial election.
Justice Centus Nweze, however, had a dissenting judgment and held that the court can change its mind in any decision, having done so in the past
Nweze said the court wrongly declared Hope Uzodinma as duly elected and that Justice Stephen Ada of the Court of Appeal was without jurisdiction to have given its judgment it gave to Hope Uzodinma.
“The appellant misled this court in accepting the scores he had claimed was his. The said judgment of this court will sooner or later hunt our electoral Jurisprudence,” Nweze added.