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Summary of Senator Hope Uzodinma’s Preliminary Objection and Defence against the application for judgment review by Hon. Emeka Ihedioha.

1. Order 8 Rule 16 of the Supreme Court Rules 2014 prohibits this Honourable Court from reviewing its judgment once given and delivered, save to correct clerical mistakes or accidental slip.

That is to say that the Supreme Court can review its judgment but only on issues that do not torch on its judgment and that is applicable to civil jurisprudence.

2. The Supreme Court has discharged the burden placed on it by the law in section 285 of the 1999 Constitution and the Electoral Act within the sixty days stipulated by law for the court to conclude and election matter.

This Constitutional burden which has been undertaken by the court cannot be changed as the matter has become sui generis.

In other word, by virtue of section 285 (9) of Nigeria’s Constitution, the supreme law in the country, Hon Emeka Ihedioha’s matter undrer any guise or name, has become statute barred, lifeless and dead on arrival having spent the maximum 60 days allowed by law in the court.

3. When the Supreme Court has given its verdict and it has been executed by way of swearing in of the executive governor of a state, the only way to vacate its decision is through an election petition which will no longer be possible in this case.

4. Facts raised in the review are facts that issues were joined and decided during the pendency of the election petition. Inviting the Supreme court to take a look at those facts again is asking the court to reopen the case which is not tenable at this time.

5. In the review they are also avoiding the main issues which is :Why Senator Hope Uzodinma’s votes were excluded during the collation of results? Have they brought any better facts to show that the votes were not excluded?

6. Finally what the Supreme Court did was to show that Imo state is no longer the theatre, for electoral fraud and this has gotten a further stamp of approval from imoliltes following the vote of confidence passed by the Imo state House of Assembly on the Supreme Court and also calling for the prosection of both the state INEC Returning Officer and Resident Electoral Commissioner.

#HopeInImo
#GreaterImo
#HopeNewAndElectronicMediaCentre

https://enigeria.com.ng.

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