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Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed - Politics (2) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed (38348 Views)

"Imo Can't Vote For Uzodinma" - Kelly Handsome, Clashes With APC Chieftains / Ozekhome: Why Northerners Are Scared Of Southern Governors’ Asaba Accord / Why Supreme Court Sacked Ihedioha And Declared Uzodinma Winner In Imo (2) (3) (4)

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Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Roon9(m): 6:50am On Jan 22, 2020
Jmmmm
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by TGM2015: 6:50am On Jan 22, 2020
Come ooo, so PDP is citing Imo Supreme Court judgement to win their case?

We also cited the case of Hope Uzodinma vs INEC of last week and the case of Governor Aminu Tambuwal that was also decided on Monday morning as being in our favour but they did not touch any of them at all.
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by fulanimafia: 6:51am On Jan 22, 2020
Mynd44:

Actually the Supreme Court can change a judgment based on new evidence and/or clerical error.

In the case of Hope and Ihedioha, the argument of total accredited voted vs total votes casted can be viewed as a clerical error that was not considered by the court as these numbers are an aberration to the constitution which the Supreme Court draws its powers from

Did you just suggest a Supreme Court can admit new evidence after it has passed judgement?

1 Like

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by peacettw: 6:55am On Jan 22, 2020
And yet you want it to be analysed
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Truthbites: 6:56am On Jan 22, 2020
Flyingngel:
Handiwork of Buhari, who refuse to sign the electoral bill into law for fear of lossing election.
what always baffle me is that people that are closer to grave still behave as if they have a hundred years more.

1 million likes. ..they are close to the grave... human lifespan isn't too long. And they are now in their seventies

1 Like

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by jaxxy(m): 6:59am On Jan 22, 2020
“Otherwise, what we are practicing today is not necessarily democracy, which is government of the people, by the people and for the people as stated by Abraham Lincoln in his 1863 Gettysburg declaration, but the government of the powerful, by the few and of the ruthless. That is not good for us as a nation.“

1 Like 1 Share

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by money121(m): 6:59am On Jan 22, 2020
Kk
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Zenithpeak(m): 6:59am On Jan 22, 2020
Kogi state election can you still remember all that happened? The only thing we can ever expect is injustice.

1 Like

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Ashabbiiee: 7:00am On Jan 22, 2020
Nice one from Ozekhime. If Ihedioha likes, he should let some hungry lawyers deceive him

1 Like

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Misterdhee1(m): 7:02am On Jan 22, 2020
SLAP44:
What happened in Imo state is a rape of democracy. It proved that you don't even need to campaign, just wait and use the courts to subvert the wishes of the people.

Democracy is dead in Nigeria, just like every other sector.
Was democracy alive in Zamfara when the will of the people was subverted?

2 Likes

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Mynd44: 7:02am On Jan 22, 2020
fulanimafia:


Did you just suggest a Supreme Court can admit new evidence after it has passed judgement?
Actually, yes.

Imagine a murder case or rape trial where new evidence (possibly DNA testing) comes out to prove that the culprit didn't commit the offence, do you think because the supreme court has given its judgement the judgment won't be reversed?

People actually get release from jail after serving up to 7 years for crime because the police stumbled on evidence proving innocence.

Yes, there is a finality to the Supreme Court but it the court isn't closed to reversing itself in the face of overwhelmingly new evidence

2 Likes 3 Shares

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by West2019(m): 7:03am On Jan 22, 2020
if mr Green cap didn't satisfy with the result ker him go to World Court .rubbish
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Mynd44: 7:05am On Jan 22, 2020
Racoon:

We are final not because we are infallible; rather we are infallible because we are final.Justices of this Court are human-beings, capable of erring.It will certainly be short sighted arrogance not to accept this obvious truth.

It is also true that this Court can do inestimable good through its wise decisions.Similarly, the Court can do incalculable harm through its mistakes.


When therefore it appears to learned counsel that any decision of this Court has been given per incuriam, such counsel should have the boldness and courage to ask that such a decision be over-ruled. This Court has the power to over-rule itself (and has done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error.

Chukwudifu Oputa JSC in Adegoke Motors Vs.Adesanya.
(Considered the powers of the Supreme Court as the final Court in the land to review its earlier decisions).
I dont know where people got the idea that the Supreme Court can never reverse its judgment when they actually do it everywhere in the world.
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by fulanimafia: 7:07am On Jan 22, 2020
Mynd44:

Actually, yes.

Imagine a murder case or rape trial where new evidence (possibly DNA testing) comes out to prove that the culprit didn't commit the offence, do you think because the supreme court has given its judgement the judgment won't be reversed?

People actually get release from jail after serving up to 7 years for crime because the police stumbled on evidence proving innocence.

Yes, there is a finality to the Supreme Court but it the court isn't closed to reversing itself in the face of overwhelmingly new evidence

Since we are all learning, kindly provide a case or legal precedent to back up your claim. This is because I'm inclined to disagree with your assertion.

I am asking for a case where the supreme Court of any country admitted new evidence and reviewed their judgement after it had been given.
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Osidazz19: 7:07am On Jan 22, 2020
[[s]quote author=SLAP44 post=86004396]What happened in Imo state is a rape of democracy. It proved that you don't even need to campaign, just wait and use the courts to subvert the wishes of the people.

Democracy is dead in Nigeria, just like every other sector.[/quote][/s]

Too early to be posting senseless rubbish.

1 Like

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Flyingngel(m): 7:07am On Jan 22, 2020
Truthbites post:






1 million likes. ..they are close to the grave... human lifespan isn't too long. And they are now in their seventies.




You can say that again. My guiding rule is that am not gonna live forever so why living in a negative way towards your fellow human let alone killing the person.Before one realise he or she is in the 70s then just say jack you can't do so many things.
So why subjecting your fellow human to excruciating pains.

1 Like

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Qadaffi2idiamin: 7:12am On Jan 22, 2020
fulanimafia:
Its a mighty relief to know Mike Ozekhome is not a lost cause and still has some brain cells left.

I am still trying to reconcile how some people reasoned that it is possible to review a SUPREME Court judgment simply because they are butthurt at the courts decision.

Ironically, these same elements will gather and thoughtlessly call our darling President "undemocratic".

Wailing clowns cheesy



You were silent when the same Tanko led Supreme Court gifted Zamfara to the PDP so kindly maintain that same silent energy and respect the rule of law. Shikenan.


Zamfara is a desert compared to IMO... It was not gift Mr, there was crises and the state was already torn by insurgency..

IMO is a key actor in eastern politics.. Whomever controls IMO controls a large chunk of the east
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Mynd44: 7:15am On Jan 22, 2020
fulanimafia:


Since we are all learning, kindly provide a case or legal precedent to back up your claim. This is because I'm inclined to disagree with your assertion.

I am asking for a case where the supreme Court of any country admitted new evidence and reviewed their judgement after it had been given.

Wait, why do you think it is impossible?

https://www.google.com/amp/s/amp.cnn.com/cnn/2019/05/29/politics/supreme-court-cases-overturned-history-constitution-trnd/index.html

2 Shares

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by kenex4ever(m): 7:16am On Jan 22, 2020
frankmoney:
Finally he says something sensible
he finally said something that you want to hear.

1 Like

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by surgical: 7:16am On Jan 22, 2020
Mynd44:

Actually the Supreme Court can change a judgment based on new evidence and/or clerical error.

In the case of Hope and Ihedioha, the argument of total accredited voted vs total votes casted can be viewed as a clerical error that was not considered by the court as these numbers are an aberration to the constitution which the Supreme Court draws its powers from
what about the legal time for election petition which has elapsed

1 Like

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Mynd44: 7:19am On Jan 22, 2020
surgical:
what about the legal time for election petition which has elapsed

That is another argument but that is for the court to decide on if/when you approach them.

1 Like 2 Shares

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by GEEBITE: 7:19am On Jan 22, 2020
The nutcase didnt even bother to read.Sometimes I have the hunch those IDs are BOTs. Commenting without reading shows the level of their minds.
hisexcellency34:
The man said it cant be reviewed. Did he say he wants to challenge the judgment for Ihedioha? Nigerians and unnecessary criticism sha


1 Like

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by fulanimafia: 7:21am On Jan 22, 2020
Qadaffi2idiamin:
Zamfara is a desert compared to IMO... It was not gift Mr, there was crises and the state was already torn by insurgency..

IMO is a key actor in eastern politics.. Whomever controls IMO controls a large chunk of the east

Imo is politically insignificant compared to Zamfara in our national politics. How many votes did Imo produce for the ruling party compared to Zamfara? Imo state that was so democratically backward and torn apart by the bid by its governor to appoint his relative as successor?

Yes it was a gift and you must maintain that same energy you had in accepting the Zamfara judgement.

P. S We know Imo's influence in the East and that's why APC has taken over both the executive and legislature.

1 Like

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by surgical: 7:21am On Jan 22, 2020
Racoon:

We are final not because we are infallible; rather we are infallible because we are final.Justices of this Court are human-beings, capable of erring.It will certainly be short sighted arrogance not to accept this obvious truth.

It is also true that this Court can do inestimable good through its wise decisions.Similarly, the Court can do incalculable harm through its mistakes.


When therefore it appears to learned counsel that any decision of this Court has been given per incuriam, such counsel should have the boldness and courage to ask that such a decision be over-ruled. This Court has the power to over-rule itself (and has done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error.

Chukwudifu Oputa JSC in Adegoke Motors Vs.Adesanya.
(Considered the powers of the Supreme Court as the final Court in the land to review its earlier decisions).
That was the era of cerebral Justices not this have baked conscienceless,corrupt,malliable ones we now have in our courts including the supreme Court

1 Like 1 Share

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by ultimate77(m): 7:22am On Jan 22, 2020
SLAP44:
What happened in Imo state is a rape of democracy. It proved that you don't even need to campaign, just wait and use the courts to subvert the wishes of the people.

Democracy is dead in Nigeria, just like every other sector.

Simply put; Nigeria is dead!!!
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Hephzibeulah: 7:22am On Jan 22, 2020
The SC has a review jurisdiction under two conditions: discovery of new facts or evidence which was hitherto undiscoverable despite diligent search, error apparent on the face of the records. In any of these case, the SC can constitute a different panel and review its decision.
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by Nobody: 7:25am On Jan 22, 2020
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by BreconHills(m): 7:26am On Jan 22, 2020
SLAP44:
What happened in Imo state is a rape of democracy. It proved that you don't even need to campaign, just wait and use the courts to subvert the wishes of the people.

Democracy is dead in Nigeria, just like every other sector.

You need to read the report above carefully.

It says petitioners are bogged laid down by judicial precedents. These precedents started in 1999 and were one reason why no presidential election since 1999 has ever been overturned. The law places the burden of proof upon the petitioner. Fraud or intimidation is not enough to change the result. The petitioner is put to the strictest proof that the absence of such fraud would have changed the result and he must do it with numbers from all polling stations. Impossible.

When the court was laying down this precedent between 1999 -2015 they were hailed by the PDP. Now the same case law is coming back to haunt them. So if in fact you want to put a terminal date to democracy you need to backdate it to 1999. Which really doesnt change the point you are making. It only impacts who is responsible for the current state of affairs.

2 Likes

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by efighter: 7:28am On Jan 22, 2020
Flyingngel:
Handiwork of Buhari, who refuse to sign the electoral bill into law for fear of lossing election.
what always baffle me is that people that are closer to grave still behave as if they have a hundred years more.

Uncle, why didn't Goatluck Jonathan or Obasanjo review the Electoral Act? If the Act was good for their election, then it is also good for Buhari's election.

1 Like

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by fulanimafia: 7:29am On Jan 22, 2020
Mynd44:


Wait, why do you think it is impossible?

https://www.google.com/amp/s/amp.cnn.com/cnn/2019/05/29/politics/supreme-court-cases-overturned-history-constitution-trnd/index.html

Not outrightly impossible, but extremely difficult and unlikely (especially in this case and clime) because a supreme Court judgement can only be overturned in two ways :

1.When a different case involving the same constitutional issues as an earlier case is reviewed by the court and seen in a new light, typically because of changing social and political situations. The longer the amount of time between the cases, the more likely this is to occur (partly due to stare decisis).

2. Constitutional amendment requiring 2/3 majority.

2 Likes

Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by HallaDaTruth: 7:33am On Jan 22, 2020
ok
Re: Mike Ozekhome: Why Supreme Court Judgment On Imo Can't Be Reviewed by EJanni(f): 7:38am On Jan 22, 2020
Hotzone:
Mbaise and Owerri people never saw it coming.
This one shock them!


Orlu zurumee!!!

Orlu Wu eze!
Though, I prefer ihedioha anyday.

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