Updated:Supreme court dismisses Ihedioha’s application to review Imo governorship judgment

The Supreme Court has struck out the application filed by Emeka Ihedioha of the Peoples Democratic Party (PDP), seeking the apex court to reverse his removal as Imo State Governor.

A seven-man panel of judges led by the Chief Justice of Nigeria, Justice Tanko Muhammad, dismissed the suit on Monday.

The court ruled that the application lacked in merit and said by the provisions of the rules of the 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, expect to correct error, or an order which is a nullity, or judgment or order made against a party of default.

It is settled law that the court has no power on appeal on its Judgment.

The court further said it had no inherent power to exercise its power over matter which its lacks jurisdiction.

There is no constitutional provision for the review of the Supreme court judgment by itself .

Once the court delivers its judgment it becomes funtus officio.

Read Also: Imo election:Supreme court commences hearing of application for review filed by Ihedioha

Inherent power of the court can only be invoke if there is a missing link in the judgment

Justice Centus Nweze had a dissenting judgment and held that the court can change its mind in any decision, having done so in the past

Mr 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, Mr Nweze said.

leave a reply