By Bimbo Ogunnaike
The Supreme Court has taken a recess for a few hours to reconvene and deliver judgment on the application before it seeking a review and reversal of the controversial judgment on the Imo gubernatorial elections.
It also specifically scheduled to pronounce the awaited judgment by 3pm.
It would be recalled that the judgment over which a review is being sought was delivered on January 14, which consequently invalidated the election of erstwhile Governor Emeka Ihedioha and declared incumbent Governor Hope Uzodinma as winner of the contentious guber poll.
The apex court was also to decide on the matter yesterday but adjourned abruptly today.
At the resumed hearing, counsel for the appellant and respondent, however, announced their appearances.
The counsel representing Emeka Ihedioha, Chief Kanu Agabi urged the apex court to adopt their applications and grant the reliefs sought.
The reliefs are plainly urging the court to sack Uzodinma and reinstate Ihedioha as governor of the state.
Agabi in his submission, pointed out that on March 9, 2019 gubernatorial elections, Uzodinma claimed that some of his results from 388 polling units were excluded but could only tender results from 366 polling units.
He, therefore, affirmed that there was a balance of 22 unaccounted polling units from which Uzodinma yet, got results coming from nowhere.
Further, Agabi faulted the computation of the controversial score arising from the 388 polling units. He added that the number of votes cast even exceeded number of accreditation by over 129,000.
It was also averred that Uzodinma had branded and stigmatised the said election as invalid upon which Agabi wondered why he could benefit from such an election instead of nullification.
Upon this premise, the Ihedioha’s counsel raised another constitutional issue wherein he said Uzodinma has no evidence to show that he got the specific number of votes across the state as required by law.
In these considerations, Agabi said, “My Lord, fraud is evident. If they submitted results from 388 polling units, tendered results from 366 polling units with no indication of the whereabouts of the balance of 22 polling units, I believe something fundamental is wrong if not a fraud but a fatal error.
“He pleaded invalidity urging that a fresh election should be conducted in the 388 polling units where he claimed some of his results were excluded.
“Uzodinma got a legal benefit inconsistent with his pleadings.Our case is different from that of Bayelsa state gubernatorial appeal. We have pleaded a number of instances of fatal errors.
Agabi, however, asked the apex court to review and set aside its judgment on January 14, which made Uzodinma to be sworn-in as governor of Imo state.
But Uzodinma’s counsel, Damian Dodo objected to the reliefs sought by Agabi against his client.
Dodo asked the apex court to dismiss the challenging applications for incompetence and lack of merit.
He point blank affirmed that the apex court lack the jurisdiction to revisit its judgment on January 14, whether the application is characterized as an application for review or classified as application to set aside.
Dodo even quoted the supreme court for consistently maintaining over the years that it lacks jurisdiction to sit on appeal over its judgment.
“There is no constitutional provision enabling this court to review its judgment “.In this case, there is no doubt about the judgment of the apex court and can’t review as it is not tenable. We urge the court to wholly adopt our written argument as canvassed in support of our position,” Dodo said.
But on point of law, however, Agabi differed from the legal fireworks as canvassed by Dodo on the jurisdiction of the apex court to review and reverse its decision.
