The Supreme Court in Nigeria has dismissed an application filed by Imo State’s People’s Democratic Party (PDP) candidate, Emeka Ihedioha, seeking a review and reversal of the apex court’s January 14, 2020 judgment. This decision saw him replaced by the All Progressives Congress (APC) candidate in the election, Senator Hope Uzodinma as Imo State governor, barely seven months after his inauguration.

Making up a court panel led by the Chief Justice of Nigeria (CJN), Tanko Mohammed, were Justice Centus Iweze, Justice Olukakayode Ariwoola, Justice Sylvester Ngwuta, Justice Kudirat Kekere-Ekun, Justice Amina Augie and Justice Uwani Abba-Aji.

Why Was The Case Dismissed?

In its final judgment read by Justice Olukayode Ariwoola, the court held its January 14 verdict, stating that it lacked the power to sit on an appeal in its judgment delivered in merit, as it would open a floodgate of similar applications from disgruntled individuals.

“The general law is that the court has no power under any provision order to review any application unless to correct an error. This court has on each occasion stated that it lacks jurisdiction to do that. We cannot sit as an appeal court. We have no hearing power in respect of the matter.”

He further stated that “The court does not have the competence and lacks the jurisdiction to review its own judgment. The finality of the Supreme Court is inherent in the constitution,” concluding that, “The application is hereby dismissed and parties are to bear their respective costs.”

Not A Unanimous Vote, Nigeria

It is imperative to note that while the apex court’s ruling was accepted, it was not a unanimous one with votes going six to one in the seven-man panel.

Justice Centus Iweze, who replaced Justice Aminu Sani (who was in the original January panel before his retirement) explained in his dissenting statement that the court had the power to overrule itself, powers it had used several times before.

“The decision of the Supreme Court in the instant matter will continue to haunt our electoral jurisprudence for a long time to come.”

He also accused the APC candidate of misleading the court with the votes he claims to have received during the elections, stating: “There were over 129,340 votes in excess of accredited voters. The court can redeem its image by setting aside its judgment. If not, this will continue to hurt our electoral jurisprudence. It is awkward and embarrassing to the court. He misled the court.”

In his minority ruling which was overruled by the majority, Iweze made an order restoring the respondents as the winner of the March 9, 2019 governorship election.

Ihedioha had been declared the winner of the March 9, 2019, Imo State governorship elections in Nigeria, but was removed by the apex court in January 2020 on the basis that a large number of votes weren’t counted in the polls, most of which belonged to APC’s Uzodinma.