SENIOR lawyers on Thursday said the Supreme Court cannot reverse its judgment on the Imo State governorship election.

The Supreme Court on Tuesday ordered the immediate swearing-in of Senator Hope Uzodinma, the All Progressives Congress (APC) governorship candidate in the March 9 election.

He replaced Chief Emeka Ihedioha of the Peoples Democratic Party (PDP), who was in office for seven months.

PDP accused the Justices of compromise and demanded a review of the judgment.

But, Senior Advocates of Nigeria (SANs), including Chief Ifedayo Adedipe, Dr Olisa Agbakoba, Mr Ahmed Raji, Babatunde Fashanu and Dr Paul Ananaba, said the decision was irreversible.

Adedipe believes the PDP was “talking politics”, saying the party could not be making “a serious call”.

“The Supreme Court is the final court of the land. Their decisions can only be changed by legislation.

“The provisions in the Supreme Court Act for a review of judgment has to do with correcting clerical mistakes.

“Besides that, the court cannot revisit any decision it has rendered. The PDP’s call, with profound respect, is mischievous,” he said.

Adedipe added that such a call from a major political party “is unfortunate”.

For Agbakoba, the demand is unrealistic.

He said: “The demand is not feasible as it is a final judgment and not amenable to review.”

Raji said while the Supreme Court rules allow for a review in a very limited way, there are other factors to be considered.

“If their case can be accommodated under the rules and the decided authorities on the point, why not? But the greatest challenge will be the 60-day time-limit.

“The position of the court is that after 60 days from the date of the judgment of the Court of Appeal in an election petition, the Supreme Court ceases to have jurisdiction. That is the hurdle!” Raji said.

Fashanu said the Supreme Court was functus officio in the matter and cannot revisit the case.

“A court can only revisit a case in which it has delivered judgment if the judgment is a nullity e.g. if the court lacked jurisdiction to hear the case or if the judgment was obtained by fraud.

“Nothing like that is being alleged here. So, let the loser wait for another election,” he advised.

Dr Ananaba said the Supreme Court decision was final.

He added that every citizen has a right to request for a judgment to be reviewed and that it is for the Supreme Court to decide whether or not to grant the request.

According to him, there have been previous applications in the past asking the court to review its judgment.

“An aggrieved person can make such a request. It is left for the Supreme Court to grant it or not,” he said.

Asked if an apex court can reverse itself, he said: “Yes, why not? But it is only the Supreme Court that can review its judgment.

“The Supreme Court in many cases has departed from its previous judgment but most times from another appeal.

“Because they are human, they can change their minds on a particular principle of thought.

“But I don’t know if they would finally want to review in this case. They may agree or may not agree. But by and large, their decision is final,” Ananaba said.

For more visit
https://thenationonlineng.net/supreme-court-verdict-on-ihedioha-irreversible-say-agbakoba-others/

Quite unfortunate in this Nigeria's political dispensation.

Too bad

How is this up for discussion sef? Supreme Court is Supreme.. Only God can change their decision

You see these two people below?

They are wicked, heartless and evil

The Bible tells us that all evil deeds will not go unpunished

The shameful, legally inconsistent, non pragmatic, glaringly unjust and unfair judgement of the supreme court on the Imo State governorship election needs to be reversed. It is bad that some justices of Nigeria Supreme courts are men and women without integrity and self respect.

We say no to the yahoo yahoo judgements of the supreme court from bias justices.

Some people still do not know what is happening in and to Nigeria yet, as regards its Supreme Court and the entire justice system.

1st, it was the bizarre removal of a sitting CJN by Executive fiat and then it is this brazenly flawed judgement by the highest court of the land, a court that should be near infallible.

People think this is politics.

E go soon clear for all our eyez

Staro:

That was a coup d'etat, seriously!

Worst Supreme Court ruling since independence.

TANKO is a devil incarnate for accepting to execute the plot.

Best ruling ever boy

nameo:
Some people still do not know what is happening in and to Nigeria yet, as regards its Supreme Court and the entire justice system.

1st, it was the bizarre removal of a sitting CJN by Executive fiat and then it is this brazenly flawed judgement by the highest court of the land, a court that should be near infallible.

People think this is politics.

E go soon clear for all our eyez

Guys,whats your problem? Must you always wail? Its becoming annoying boy.listen,even onnoghen will have given same judgment.please,do me a favor.read supreme court judgment on 2003,2007 and 2011 polls and also read the electoral act very well.i believe this will clear her doubt

Am sure the people who wrote the guidelines for supreme court judgement in the constitution never anticipated that one day in 2020, corruption, Nepotism, partisan politics would take over the reigns of affairs at the supreme court.

It's amazing non of the lawyers in the article could even raise a line of defense in support of the supreme court, rather all the could scream is FINAL, FINAL, FINAL... which goes to show, it might have been a case of "Just say it" your decision is final.

Esseite:
Am sure the people who wrote the guidelines for supreme court judgement in the constitution never anticipated that one day in 2020, corruption, Nepotism would take over the reigns of affairs at the supreme court.

Is buhari friends or relations in the supreme court? Are you sure you know what nepotism is?

garfield1:

Is buhari friends or relations in the supreme court? Are you sure you know what nepotism is?

Seriously?...

garfield1:

Guys,whats your problem? Must you always wail? Its becoming annoying boy.listen,even onnoghen will have given same judgment.please,do me a favor.read supreme court judgment on 2003,2007 and 2011 polls and also read the electoral act very well.i believe this will clear her doubt

Who is this??

nameo:


Who is this??

Your usual nemesis boy

PDP always thinks this country belongs to them alone.
When this same supreme court was favoring zamfara, Rivers, Abia, Delta, Akwa Ibom etc, nobody calls for the head of the CJ, now it has turned opposite, they are now crying haywire.
Useless party.

Esseite:


Seriously?...

Is tanko related to buhari? Who made him supreme court judge?

garfield1:

Is tanko related to buhari? Who made him supreme court judge?

Garfield.. no point going back and forth, you know the truth, we know the truth, the world knows the truth..

"No evil deed will go unpunished.Any evil done by man to man will be redressed.If not now then later. If not by man then by God. For the victory of evil over good can only be temporary'

Late Dele Giwa.
Yes it's irreversible but this fraudulent ruling will ever remain a watershed because its defiled judicial logic and sound reasoning.Even Uzodinma fully know he is sitting on a fraudulent mandate.Meanwhile, nothing is too difficult for God to reverse.

Forget partisan politics, the INEC chair, CJN, all members of the supreme court that gave the so called unanimous but flawed, fraudulent and controversial ruling ought to have resigned by now whether the judgement was wilfully passed or done in error.

How can this iberiberism ever stand any form of judicial logic? For the sheer sake that the total no.of accredited voters by INEC & that computed by the Supreme Court to arrive @ this decision are incongruent shows that the apex court have now bastardized its integrity.

ZAWs:
PDP always thinks this country belongs to them alone.
When this same supreme court was favoring zamfara, Rivers, Abia, Delta, Akwa Ibom etc, nobody calls for the head of the CJ, now it has turned opposite, they are now crying haywire.
Useless party.

No one is crying, the evidences are there, the figures dont add up... it's so so glaring, at the same time exposes the hand of the court.

It would be most welcomed if the court would elaborate on how it came about the decision with figures that dont tally.

Esseite:


Garfield.. no point going back and forth, you know the truth, we know the truth, the world knows the truth..

The truth is that ihedioha was never a governor.before they declared him,i was the first to say that he wont last one year before he's sacked

Esseite:


No one is crying, the evidences are there, the figures dont add up... it's so so glaring, at the same time exposes the hand of the court.

It would be most welcomed if the court would elaborate on how it came about the decision with figures that dont tally.

The court is concerned more about the law adding up not figures,inec will handle that.evidences showed that hope won

garfield1:

The court is concerned more about the law adding up not figures,inec will handle that.evidences showed that hope won

Why then did INEC not declare him winner if it had evidences hope won?

You have number of votes exceeding accredited voters while even INEC acknowledging malpractice and violence in same areas of Votes exceeding accredited voters, thereby cancelling election in those PUs.

The best the supreme court could have called is either a recount or a rerun.. they would have saved face with that rather than destroying years of integrity accorded to the supreme court.

It can be reversed if the case of fraud is established. In this case the fraud is very clear.
By the decision of the supreme court, there is a glaring case of over voting in Imo state. The law says that where there is over voting the elections will be cancelled.

Even when the judgement is illogical,nonsensical and smells of corruption thousand miles away.
As expected,a Sharia court judge elevated to the CJN has presided over the most tainted court judgement ever given by a supreme Court,ANYWHERE IN THE WORLD.

ZAWs:
PDP always thinks this country belongs to them alone.
When this same supreme court was favoring zamfara, Rivers, Abia, Delta, Akwa Ibom etc, nobody calls for the head of the CJ, now it has turned opposite, they are now crying haywire.
Useless party.

ZOMBIE .... brainless

Esseite:


Why then did INEC not declare him winner if it had evidences hope won?

You have number of votes exceeding accredited voters while even INEC acknowledging malpractice and violence in same areas of Votes exceeding accredited voters, thereby cancelling election in those PUs.

The best the supreme court could have called is either a recount or a rerun.. they would have saved face with that rather than destroying years of integrity accorded to the supreme court.

Oga,inec in imo was dominated by mbaise people who had the sole duty of delivering ihedioha no matter what.inec doesn't deal with evidences,only a court can do that and they have done it.me and you followed imo polls,there was no incidence of violence anywhere in imo so that was untenable.they tried to suppplress votes in 388 units that is why it wasn't captured in inec's data.the supreme court deals with accredited voters from voters register not card readers as used by inec.

The supreme court does not have the jurisdiction to call for a recount,only the tribunal can.it only reviews decisions of the lower courts.moreover even if they wanted yo recount,there's no time for that.

The supreme court can only call for a rerun if nwosu was not disqualified or if it found out that the votes in 388 units were duly canceled or were not valid or polls didnt hold.but it found out that polls held in those units and the results were valid.the only thing to do was to add the votes.get it into your medullae

PDP always dreaming big dreams. So they are waiting for the supreme court to reverse it's judgment on IMO election? They are simply lazy and cannot offer useful opposition politics.

contigiency:
PDP always dreaming big dreams. So they are waiting for the supreme court to reverse it's judgment on IMO election? They are simply lazy and cannot offer useful opposition politics.

Imagine.