Ihedioha and the PDP, in their applications are asking the court for a review of the judgment which sacked him and the party as governor of Imo State and led to assumptions of Senator Hope Uzodinma of All Progressives Congress as the Governor.
But Iheodiha said the judgment delivered on 14, January was obtained by fraud and are therefore praying the seven-man panel of the apex court to review and set it aside.
While making the case of his client before the Supreme Court panel headed by the Chief Justice of Nigeria, Tanko Muhammed on Tuesday morning, lawyer to Ihedioha, Chief Kanu Agabi argued that fraud is evident in the judgment.
He pointed that for instance that while the appellant, Uzodinma, claimed he was excluded from 388 polling units, he only tendered results from only 366 polling units during the trial of the petition at the Tribunal.
The Senior Advocate of Nigeria also argued that with the addition of votes from 388 polling units in favour of Uzodinma, the total number of votes exceeded the total number of accredited voters by 129,000 votes.
However, Damien Dodo, lawyer to Senator Uzodinma told the Supreme Court justices that the the application to revisit, review or set aside the judgment of the court is incompetent and lacks in merit.
He also said that the apex court lacks the jurisdiction to sit on appeal over its own judgment except in cases of typographical errors or slips.
Dodo also argued that there is a compelling evidence that Uzodinma won the election, and therefore, the court should dismiss the application.
Supreme Court has said it will deliver judgment by 3 pm on the application after hearing the arguments.
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One Comment
It is now eminent that we should put away sentiment and be relevant to obtaining justice in our courts.
The Appellant is channeling its grievances against the wrong entity. The request for revisit, review and subsequent set aside of judgement of 14 January 2020 lacks merit on following reasons:
1) From the outset Uzodinma was not accorded all the votes he was due.
2). The Appellant should have been challenging the INEC for the error of ignoring the votes scored by Uzodinma.
3). The Supreme Court position is clear, to cure the error of ignoring the votes scored by Uzodinma whether it leads to winning or not is a case for another discussion.
4). Therefore Ihedeoha and his crew perpetrated fraud at the electoral stage. The Supreme Court cannot allow errors to continue.
There is likelihood that Barrister Agbai will be awarded costs for ill advising his client that there is prospect of success in the review. The Supreme Court has gone into the trajectory the civilised nations are going to discourage and prevent frivolous challenges in court.