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Supreme Court Ruling: Ihedioha Can Still Be Governor - Politics - Nairaland

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Supreme Court Ruling: Ihedioha Can Still Be Governor by anjowaka510(m): 7:07am On Jan 19, 2020
It is no longer news that in line with last week’s decision of the Supreme Court, Senator Hope Uzodinma is now the Imo sState governor. Having decided that the exclusion of certain votes in his favour during the collation of votes at the last governorship election in the state was illegal, the Apex Court went ahead to add the said votes which saw to the victory of the new governor. Uzodinma was promptly sworn in. His immediate predecessor, Emeka Ihedioha who had earlier been declared as the duly elected governor by the electoral body had to step down. Before doing so, Ihedioha did not forget to make the point that although he did not agree with what he described as an unfair and unjust ruling, he had “no option but to respect the outcome of the judgment.” A cursory look at various media platforms shows that Ihedioha’s viewpoint is generally shared by a cross section of Nigerians.
Bearing in mind that the ruling was made by the nation’s highest judicial authority – the Supreme Court, everyone appears to believe that there is really nothing left for Ihedioha to rely upon for some hope. There are grounds for this position, the most prominent is that the Supreme Court is the last court of the land; meaning that after it, no other court is available to a party for further action. In other words, the situation is not like what happens in the lower courts when a party can proceed on appeal to a higher court where he is dissatisfied with a judgment. Again, there is the understanding that in order to avoid a situation where a case may never end, the same court is not expected to review its rulings after delivering its judgment. Put differently, a Court cannot sit as an appellate Court over its decision. It is this idea, that a Court has no business returning to a case it has already concluded that makes many people think the end ofIhedioha’s case has come.For this reason, some analysts have condemned the call by the Peoples Democratic Party (PDP) for the Supreme Court to reverse itself in the Imo case. The only thing in our view that is wrong with the position of the PDP is the intemperate diction employed at the press conference where the call was made. Otherwise, the rule that a court cannot reverse itself is not absolute. To revisit a case already settled has happened many times before. Almost 50 years ago, we had the case of Johnson v Lawanson (1971) 7 NSCC 82 where the Supreme Court found cause to overrule itself. In that case, Justice G.B.A Coker of the Apex Court made the point that “when the court is faced with the alternative of perpetuating what it is satisfied is an erroneous decision which was reached per incuriam and will, if followed, inflict hardship and injustice upon the generations in the future or of causing temporary disturbances of rights acquired under such a decision, I do not think we shall hesitate to declareto declare the law as we find it.”

https://www.vanguardngr.com/2020/01/supreme-court-ruling-ihedioha-can-still-be-governor-2/

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Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by Flyingngel(m): 7:17am On Jan 19, 2020
Guy forget that thing, so long as our sharia man is the CJN and A PC is in power; I say forget.

5 Likes 1 Share

Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by helinues: 7:23am On Jan 19, 2020
Why do Pdp always hired clones lawyers to represent them at court cases?

5 Likes

Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by curiobling: 7:24am On Jan 19, 2020
Bro wetin don loss don loss o

2 Likes 1 Share

Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by slimfit1(m): 8:23am On Jan 19, 2020
Supreme Court is the part of the APC

4 Likes

Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by MANNABBQGRILLS: 8:36am On Jan 19, 2020
The Supreme Court is the last court of the land; meaning that after it, no other court is available to a party for further action. In other words, the situation is not like what happens in the lower courts when a party can proceed on appeal to a higher court where he is dissatisfied with a judgment.

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Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by kahal29: 8:45am On Jan 19, 2020
Impossible....... This is because

Election petitions are time bound. Hence the time allowed for hearing the election petition has elapsed. The Supreme Court therefore lacks jurisdiction to entertain the matter.

Section 285 of the 1999 Constitution (First Alteration) Act 2010 introduces new Subsections (5), (6) & (7) as follows:

Section 5 _ “An election petition shall be filed within 21 days after the date of declaration of results of the election.

Section 6: “An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition (six months)

Section 7: “An appeal from decision of an election tribunal or Court shall be heard and disposed of within 60 days from the date of the delivery of judgment of tribunal.

With this latest amendment, electoral disputes are now to span a maximum of eight months, from Election Tribunal to Appeal.

This is very progressive as it has dealt with the problem of electoral cases dragging on for years whilst one of the parties enjoys the pecks of the disputed office.

4 Likes

Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by BuhariAdvocate: 8:50am On Jan 19, 2020
grin
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by Ojiofor: 9:12am On Jan 19, 2020
So long as we have a herdsman as president and another herdsman as CJN (the Aeroplane driver) there is absolutely no hope of justice in this kwantiri.

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Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by garfield1: 9:19am On Jan 19, 2020
DesChyko:
Facts on ground as a stroll through Imo environs would reveal, this verdict is an error as his emergence doesn't have the blessing of any majority in the 27 LGs that constitute Imo State. Hence the loud silence that followed thus. The Supreme court need not only reverse itself, but review its chief members. This decision is a shock at how they could arrive at this conclusion with all the evidence before them.




At what point did this narrative on Supreme Court judgement deflect to PDP lawyers?
@Mynd44 Rule 1 violated.
Did the people of zamfara welcome pdp? When did we start measuring judgment by what people think
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by Bola146(f): 9:22am On Jan 19, 2020
Medicine after death.... not when Buhari is the president sad
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by WildnFree(m): 10:27am On Jan 19, 2020
See reasoning...

Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by Ezewuzie01: 10:47am On Jan 19, 2020
kahal29:
Impossible....... This is because

Election petitions are time bound. Hence the time allowed for hearing the election petition has elapsed. The Supreme Court therefore lacks jurisdiction to entertain the matter.

Section 285 of the 1999 Constitution (First Alteration) Act 2010 introduces new Subsections (5), (6) & (7) as follows:

Section 5 _ “An election petition shall be filed within 21 days after the date of declaration of results of the election.

Section 6: “An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition (six months)

Section 7: “An appeal from decision of an election tribunal or Court shall be heard and disposed of within 60 days from the date of the delivery of judgment of tribunal.

With this latest amendment, electoral disputes are now to span a maximum of eight months, from Election Tribunal to Appeal.

This is very progressive as it has dealt with the problem of electoral cases dragging on for years whilst one of the parties enjoys the pecks of the disputed office.
You have said it all. Some wicked people want to defraud Ihedioha of the small change he was able to defraud Imo people in his short spell as governor.

2 Likes 1 Share

Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by mrvitalis(m): 10:59am On Jan 19, 2020
kahal29:
Impossible....... This is because

Election petitions are time bound. Hence the time allowed for hearing the election petition has elapsed. The Supreme Court therefore lacks jurisdiction to entertain the matter.

Section 285 of the 1999 Constitution (First Alteration) Act 2010 introduces new Subsections (5), (6) & (7) as follows:

Section 5 _ “An election petition shall be filed within 21 days after the date of declaration of results of the election.

Section 6: “An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition (six months)

Section 7: “An appeal from decision of an election tribunal or Court shall be heard and disposed of within 60 days from the date of the delivery of judgment of tribunal.

With this latest amendment, electoral disputes are now to span a maximum of eight months, from Election Tribunal to Appeal.

This is very progressive as it has dealt with the problem of electoral cases dragging on for years whilst one of the parties enjoys the pecks of the disputed office.
What about Pre election matters ...because APC have no candidate in IMO state as said by the supreme court
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by DesChyko: 12:36pm On Jan 19, 2020
garfield1:

Did the people of zamfara welcome pdp? When did we start measuring judgment by what people think

Since now. He's governor of a state that doesn't even recognize him en masse in any corner.
And those people are supposed to be the electorates whose mandate was stolen.
The question is who voted in those 388 polling units that have so far gone unrecognized?
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by efighter: 12:37pm On Jan 19, 2020
Flyingngel:
Guy forget that thing, so long as our sharia man is the CJN and A PC is in power; I say forget.

Yes, the Shariah CJN is stupidly political. How can he give all positions won by APC to another party in Zamfara? How can he say Seyi Makinde of PDP won Our State election? How can he and the PDP judges at the Supreme Court stop APC from contesting in the Rivers State?

1 Like 1 Share

Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by muykem: 2:25pm On Jan 19, 2020
Some people are just emotional. Law is different from moral and personal reasoning. The worst happened in Zamfara where all position where dashed away to minority PDP.
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by SamuelAnyawu(m): 3:51pm On Jan 19, 2020
grin grin grin grin grin grin grin

Abeg make we hear word.

What of Zamfara?
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by rottennaija(m): 4:23pm On Jan 19, 2020
PDP won Zamfara, Rivers State using the same supreme Court, justice is done. PDP losses Imo State through the same supreme Court, the court is bias, supreme Court judges should all step down...

Hmmmm
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by PFRB: 5:33pm On Jan 19, 2020
kahal29:
Impossible....... This is because

Election petitions are time bound. Hence the time allowed for hearing the election petition has elapsed. The Supreme Court therefore lacks jurisdiction to entertain the matter.

Section 285 of the 1999 Constitution (First Alteration) Act 2010 introduces new Subsections (5), (6) & (7) as follows:

Section 5 _ “An election petition shall be filed within 21 days after the date of declaration of results of the election.

Section 6: “An election tribunal shall deliver its judgment in writing within 180 days from the date of the filing of the petition (six months)

Section 7: “An appeal from decision of an election tribunal or Court shall be heard and disposed of within 60 days from the date of the delivery of judgment of tribunal.

With this latest amendment, electoral disputes are now to span a maximum of eight months, from Election Tribunal to Appeal.

This is very progressive as it has dealt with the problem of electoral cases dragging on for years whilst one of the parties enjoys the pecks of the disputed office.

It is a judicial review. Such is not time bound
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by solmusdesigns: 5:42pm On Jan 19, 2020
lick your wound in peace.. after supreme court, its too late to wail
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by chubinwa(m): 5:52pm On Jan 19, 2020
Ihedioha is pleased with the judgement and here you are killing your soul.
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by kahal29: 5:57pm On Jan 19, 2020
PFRB:


It is a judicial review. Such is not time bound

You need to have jurisdiction to do the review.
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by vanunu: 6:14pm On Jan 19, 2020
mrvitalis:

What about Pre election matters ...because APC have no candidate in IMO state as said by the supreme court
That alone disqualifies Hope.
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by chozzy: 6:20pm On Jan 19, 2020
efighter:


Yes, the Shariah CJN is stupidly political. How can he give all positions won by APC to another party in Zamfara? How can he say Seyi Makinde of PDP won Our State election? How can he and the PDP judges at the Supreme Court stop APC from contesting in the Rivers State?


Oga, stop fooling yourself.
Why are all you ZOMBIES as dumb and brainless as your president in Aso Rock?

You're derailing someone's thread with silly talk about Zamfara and Rivers which even before their matter got
to Supreme Court everyone already knew APC had lost them. APC lost at state high court, lost at federal high court, lost
at Appeal court and it was not a surprise to anyone (except ZOMBIES) that they lost at Supreme Court. In those two states, INEC
maintained their stance throughout that they was never a primary election and for real, all parties knew they weren't primaries.

How then dare you compare the fraud in IMO to them?
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by surgical: 7:46am On Jan 20, 2020
helinues:
Why do Pdp always hired clones lawyers to represent them at court cases?
They really have that problem all over,they are not smart to know that the judiciary is part of the electoral process they must take into consideration
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by surgical: 7:48am On Jan 20, 2020
chozzy:



Oga, stop fooling yourself.
Why are all you ZOMBIES as dumb and brainless as your president in Aso Rock?

You're derailing someone's thread with silly talk about Zamfara and Rivers which even before their matter got
to Supreme Court everyone already knew APC had lost them. APC lost at state high court, lost at federal high court, lost
at Appeal court and it was not a surprise to anyone (except ZOMBIES) that they lost at Supreme Court. In those two states, INEC
maintained their stance throughout that they was never a primary election and for real, all parties knew they weren't primaries.

How then dare you compare the fraud in IMO to them?
oga you can't cure this people's foolishness it is follow come
Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by Racoon(m): 8:08am On Jan 20, 2020
The decision of the Supreme Court in the Imo governor-ship case that the exclusion of certain votes was illegal because it was done by unauthorized officials cannot be faulted;.....

But if the addition of the controversial votes creates mathematical errors as we now have, the court ought to correct such clerical error, accidental slip or omission.

In truth, if the Supreme Court had averted her mind to the absurdity of the figures we are now seeing, she would have seen with relative ease, some wisdom in the earlier rejection by the electoral body of obviously concocted figures which Nigerian politicians are expert of. 

She would have realized that allowing the figures would do incalculable damage to our electoral and democratic system.
This has been my submission since this controversial judgement was passed.The only way the supreme court can redeem its already battered integrity is to reverse this illegality and illogical judgement never seen in histroy.

Re: Supreme Court Ruling: Ihedioha Can Still Be Governor by Racoon(m): 8:08am On Jan 20, 2020
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.(Considering the powers of the Supreme Court as the final Court in the land to review its earlier decisions).

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