Again, Ihedioha asks Supreme Court to set aside judgment declaring Uzodinma as Imo governor
Chief Emeka Ihedioha has prayed the Supreme Court to set aside the judgment it delivered on Jan. 14.
Imo state ex-governor Emeka Ihedioha wants Supreme Court to review its judgement on the state's gubernatorial election. [This Day]
Recommended articles
![Abdullahi Ganduje [Facebook]](data:image/svg+xml;charset=utf8,%3Csvg%20xmlns%3D'http%3A%2F%2Fwww.w3.org%2F2000%2Fsvg'%20width%3D'100'%20height%3D'100'%20data-ring-placeholder%3D'1'%3E%3C%2Fsvg%3E "Abdullahi Ganduje [Facebook]")
Ihedioha made the request in an application he and the Peoples Democratic Party (PDP) filed at the Supreme Court through their lawyer Chief Kanu Agabi, SAN.
They brought their application pursuant to Section 6 (6) of the 1999 Constitution as amended and Section 22 of the Supreme Court Act, 2004.
The application was supported with an affidavit sworn to by a Uchenna Njoku, a lawyer
ADVERTISEMENT
He said that the apex court was misled into giving that judgment, describing the apex court judgment as a nullity, and asked that the decision be set aside.
Hope Uzodinma (Punch)
Pulse Nigeria
Ihedioha and the PDP claimed that Gov. Uzodinma and his party fraudulently misled the apex court into holding that 213,495 votes were unlawfully excluded from the votes they scored in the governorship election held on March 9, 2019.
They said that Uzodinma, while under cross-examination, admitted that he was the person, who computed the result that gave him the 213,495 votes alleged to have been excluded from his total votes in the election and not INEC.
According to them, “The fraudulent nature of the additional votes was demonstrated by the fact that the total votes cast as shown in the first appellant/respondent’s computation was more than the total number of voters accredited for the election and in some polling units more than the total number of registered voters.
ADVERTISEMENT
The fraud was also demonstrated by the fact that the result computed by the first appellant/respondent showed only the votes of the first applicant and the first appellant/respondent without specifying the votes scored by the other 68 candidates who participated in the election.”
They further argued that the judgment, “which is a nullity ought to be set aside because it was given per incuriam, meaning the previous court judgment failed to pay attention to relevant statutory provision or precedents.
That the judgment is a nullity having been delivered without jurisdiction.
They also said that by Exhibit A1, the total number of voters accredited for the election was 823, 743 while the total valid votes cast was 731, 485.
Also, as part of their argument, was that the inclusion of 213, 695 votes for the first appellant/respondent, made the total number of votes cast at the election to be more than the total number of votes accredited for the election.
ADVERTISEMENT
The applicants, among other grounds, argued that the majority judgment of the Court of Appeal dismissing Uzodinma’s petition as incompetent continues to subsist as the appeal against that decision was not considered by the apex court.
The applicants, among other grounds, argued that the majority judgment of the Court of Appeal dismissing Mr Uzodinma’s petition as incompetent continues to subsist as the appeal against that decision was not considered by the apex court.
The Supreme Court had on January 14 nullified the victory of Ihedioha, who was earlier declared the winner by INEC.
The apex court declared Uzodinma winner of the election in a unanimous judgment of the seven-member panel, read by Justice Kudirat Kekere-Ekun.
The court agreed that results in 388 polling units were unlawfully excluded during the collation of the final governorship election result in Imo State.
ADVERTISEMENT
Kekere-Ekun said that with the results from the 388 polling units added, Uzodinma polled a majority of the lawful votes and ought to have been declared the winner of the election by the.
The court, however, did not provide the details of the new votes scored by each of the candidates after the addition of the results from the 388 polling units.
JOIN OUR PULSE COMMUNITY!
ADVERTISEMENT
Eyewitness? Submit your stories now via social or:
Email: eyewitness@pulse.ng
Recommended articles
Yahaya Bello withdrew $720k from Kogi State to pay children's fees - EFCC
National Assembly to make law that'll make university admission illegal for under 18
Ganduje describes his purported suspension from APC as African drama
Minister of Education summons Lead British School management over bullying scandal
Coalition backs Tinubu's policies, security interventions, other reforms
Kano ranked as worst-governed state in Nigeria
EFCC boss vows to resign if Yahaya Bello is not prosecuted
EFCC arrests ex-aviation minister Sirika for ₦8bn Nigerian Air scandal
Ex-APC spokesperson backs EFCC's hunt for Yahaya Bello
ADVERTISEMENT
![Polling clerks counted votes at a polling station after completing the voting process of the general election in Abuja, Nigeria, on February 25, 2023. [Getty Images]](data:image/svg+xml;charset=utf8,%3Csvg%20xmlns%3D'http%3A%2F%2Fwww.w3.org%2F2000%2Fsvg'%20width%3D'300'%20height%3D'172'%20data-ring-placeholder%3D'1'%3E%3C%2Fsvg%3E "Polling clerks counted votes at a polling station after completing the voting process of the general election in Abuja, Nigeria, on February 25, 2023. [Getty Images]")