Supreme court strikes out Ihedioha’s application
By Steve Oko
The Supreme Court has struck out the application by former Gov Emeka Ihedioha challenging his replacement with Gov. Hope Uzodima.
According to the apex court once the court delivers its judgment it becomes “funtus officio”, hence it cannot reverse its earlier judgement in favour of Uzodinma.
The court further said it had no inherent power to exercise its power over matter which it lacked jurisdiction.
“There is no constitutional provision for the review of the Supreme court judgment by itself “, it said.
“Once the court delivers its judgment it becomes funtus officio”, said the apex court in its majority judgment of six justices against one dissenting voice.
It said Inherent power of the court could only be invoked if there was “a missing link in the judgment” Justice Ariwoola and 5 others declared .
However, Justice Nweze disagreed with his colleagues, ruling that Ihedioha, and not Uzodinma should be declared the governor.
His judgement :”The court can change its mind in any decision, having done so in the past
“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”.
According to Justice Nweze ,the Supreme court “illegally hijacked the duties of INEC by declaring Hope winner”.
“This court declared Hope winner even though there is no evidence that he got the highest number of votes or meeting the constitutional spread,” he said .
“I hereby order that hope return his certificate of return and the same be issued to Hon. Emeka Ihedioha. This is my minority judgement” ,Justice Nweze declared.
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