The hope of the sacked Imo State Governor, Hon. Emeka Ihedioha, to have the judgement that sacked him reviewed by the Supreme Court seems to be dim, following yesterday’s verdict of the apex court wherein it upheld its earlier decision sacking the then governor-elect of Bayelsa State, David Lyon.

The same fate likely awaits the All Progressives Congress (APC) in Zamfara State.

The judgement as delivered in the Bayelsa matter portrayed a likely situation where the apex court will decline to reverse itself.

The Supreme Court had refused to review its earlier judgement of February 13, 2020, which sacked Lyon and his deputy, Senator Biobarakuma Degi-Eremienyo of APC.

The apex court consequently dismissed the two applications that sought to set aside the said judgement for being “vexatious, frivolous and constituted a gross abuse of court process.”

A seven-man panel of the apex court led by Justice Sylvester Ngwuta held that the applications amount to an invitation for the apex court to sit in appeal on its earlier judgement in violation of the constitution.

Justice Ngwuta held that it would amount to violating the finality of its judgement if the applications were granted.

Justice Amina Augie who read the lead judgement held that granting the applications would open a floodgate for the review of decisions of the Supreme Court.

She said the request to review the judgement was vexatious, frivolous and regrettable.

Augie in the unanimous ruling came down heavily on the counsel to the applicants, Are Afe Babalola (SAN) and Chief Wole Olanipekun (SAN) for filing the motions, which the court described as regrettable motions and a deliberate desecration of the judiciary.

She held that with tears in her eyes, she regretted that “very senior” lawyers were responsible for filing the applications.

“With tears in my eyes, I feel sad that senior counsel in this case would ever bring this kind of frivolous applications during my life time,” Justice Augie said.

Justice Augie held that by Order 8, Rule 16 of the Supreme Court, the court has no powers or authority to review any judgement delivered on merit, safe for clerical error.

This court is not authorised and indeed lacked jurisdiction to review any judgment delivered on merit, more so when the applicants have not pointed out any accidental error or slip in the judgement. There must be an end to every litigation.

“This is final court and its decisions are final for all ages so as to ensure certainty in law.

“The two applications brought before us today lacked merit and constituted abuse of this court and they are liable to dismissal and are hereby dismissed,” the court held.

With the verdict of the apex court, the coast seems unclear for Ihedioha and Zamfara APC as the Supreme Court hears the applications on Monday.

https://www.newtelegraphng.com/judgement-review-hope-dims-for-ihedioha-zamfara-apc/

Justice Augie held that by Order 8, Rule 16 of the Supreme Court, the court has no powers or authority to review any judgement delivered on merit, safe for clerical error.

This court is not authorised and indeed lacked jurisdiction to review any judgment delivered on merit, more so when the applicants have not pointed out any accidental error or slip in the judgement.

This might just be an insight that imo judgement may be reversed..

Lyon case was that his Lawyers were countering the supreme court judgement without facts, or an evidence showing errors in the supreme court judgement, they rather wanted to intimidate the supreme court.

When the PDP is still fighting dirty?

We are following, but the imo case is entirely different, how can number 4 be declared winner

Justice Augie held that by Order 8, Rule 16 of the Supreme Court, the court has no powers or authority to review any judgement delivered on merit, safe for clerical error.

This court is not authorised and indeed lacked jurisdiction to review any judgment delivered on merit, more so when the applicants have not pointed out any accidental error or slip in the judgement.

Imo case is a must review for the supreme court. Otherwise the illegalities of that judgement will continue to revibrate throughout histroy.

Esseite:


This might just be an insight imo judgement may be reversed..

It is the same thing

Amina Augie, the judge who read the judgment on behalf of the seven-man panel, said:

“With tears in my eyes, I cannot believe that in my lifetime, I would see very senior members of the bar bring applications of this nature to this court which are aimed at desecrating the sanctity of this court, violating the principles and decisions of this court and destroying the esteem on which this court is held.

“The applications are vexatious, they are frivolous and gross abuse of court process. In the circumstances, the two applications are hereby dismissed and the cost of N10 million each is awarded against the first, second and third applicants respectively in favour of the first, second and third respondents to be paid personally by their respective counsels.”

Babalola represented Lyon and Degi-Eremieoyo, his running mate (first and second applicants), therefore, he is to pay N20 million, while Olanipekun who represented the APC (third applicant), is to pay N10 million.

The apex court affirmed its earlier decision and emphasised that “no force on earth can get this court to shift from its decision regarding the Bayelsa state election appeal.”

“Having considered the prayers sought viz a viz the positions of the law and the arguments/submissions made by all the parties, it is clear that the two applications lack merit and constitutes an abuse of court process,” the court held.

“Howsoever the prayers sought are crafted, there is no question whatsoever that the two sets of applicants are asking this court to review its judgment delivered on the 13th of February 2020 in appeal number SC/1/2020.

“The two sets of applicants have not shown this court any clerical mistakes that need to be corrected in the judgment delivered on the 13th of February 2020 in this appeal.

“They have not pointed out any accidental slip or omission in the said judgment or shown this court any part of the said judgment that needs to be varied so as to give effect to its intention.

“There must be an end to litigation this is the final court of the land and is well settled that decisions of this court are final.

“It is final in the sense of finality, it is final forever and only a legislation can alter it. The decision of this court in appeal number SC/1/2020 is final for all ages, it is final in the real sense of the word final and no force on earth can get this court to shift from its decision regarding the Bayelsa state election appeal.

“There is even no guarantee that if this application is granted, the other side will not come up with a fresh application to review the ruling on the grounds that this court did not consider a certain part of its argument in its ruling.”

Racoon:
Imo case is a,must review for the supreme court. Otherwise the illegalities of that judgement will continue to revibrate throughout histroy.

Hahahaha

kahal29 (so you are an APC lawyer)?

dansuqi, what's up?

Too late

Supreme judgement is Supreme.. The reviewing na just eye service

Racoon:
Imo case is a,must review for the supreme court. Otherwise the illegalities of that judgement will continue to revibrate throughout histroy.

Well no be today you start to dey wail Sha, wailing continues after Supreme court must have thrown Ihedioha's case into dustbin

So people are still believing that this Supreme Court with what happened yesterday will reverse anything? Some people are just crazy.

fergie001:
kahal29 (so you are an APC lawyer)?

dansuqi, what's up?

Not at all.... Am just an ordinary Nigerian who wants the best for my country

kahal29:


Not at all.... Am just an ordinary Nigerian who wants the best for my country

StoryLine.....I understand.