“Order 8 Rule 16 of the Supreme Court Rules 2014 prohibits this Honourable Court from reviewing its judgment once given and delivered, save to correct clerical mistakes or accidental slip.
“The judgment sought to be set aside having been given effect by the inauguration of the 1st Respondent/Objector as Governor of Imo State, this Honourable Court lacks the jurisdiction to grant the prayer sought” Uzodinma argued.
More so, Uzodinma stated that Ihedioha’s application “constitutes an abuse of court process” and “is against public policy.”
He added that the application filed by the ousted governor amounts to an invitation to the Court to indulge in academic exercise and answer hypothetical questions.
The Independent National Electoral Commission (INEC), had after the March 9, 2019 gubernatorial election in Imo state, declared Hon. Emeka Ihedioha as winner of the poll.
Aggrieved by the declaration of Ihedioha by the INEC as winner of the governorship election, Uzodinma and APC challenged the said declaration by way of a petition.
The litigation that ensued from the petition ultimately led to the appeal by Uzodinma and APC against the decision of the Court of Appeal which by majority decision dismissed their appeal against the decision of the Election Tribunal to apex court.
Ihedioha and PDP also cross appealed.
However, in its judgment of 14th January, 2020, the Supreme Court held that there was merit in the appeal filed by Uzodinma and allowed same.
Consequently, the judgment of the lower court affirming the judgment of the Governorship Election Tribunal which declared Ihedioha winner of the Imo governorship election, was set aside.
Among the orders, the Supreme Court declared that votes due to the Appellants, Uzodinma & APC from 388 polling units were wrongly excluded from the score ascribed to them.
It ordered that the Appellants’ votes from the 388 polling units unlawfully excluded from the Appellants’ score shall be added to the results declared by the INEC.
The Supreme Court also ruled that the 1st Respondent, Rt. Hon. Emeka Ihedioha was not duly elected by a majority of lawful votes cast at the said election, and that his return as the elected Governor of Imo state was null and void and accordingly set aside.
“It is hereby declared that the 1st Appellant, Sen. Hope Uzodinma polled a majority of lawful votes cast at the Governorship Election held in Imo State on 9th March, 2019 and satisfied the mandatory constitutional threshold and spread across the state.
“It is hereby declared that the 1st appellant, Sen. Hope Uzodinma is the winner of the Govemorship Election of Imo State held on 9th March, 2019.
“The Certificate of Return issued to the 1st respondent Rt. Hon. Emeka Ihedioha is hereby withdrawn.
“It is hereby ordered that a certificate of return shall be issued to the 1st appellant, Sen. Hope Uzodinma forthwith and he should be sworn in as the Governor at lmo State immediately” the Supreme Court held on January 14, 2020.
In its objection, Uzodinma reminded the Supreme Court that “It is “mortar“ to note that amongst the orders issued in the judgment by His Lordships was Order 7 which reads: “It is hereby ordered that a certificate of return shall be issued to the 1st appellant, Sen. Hope Uzodinma forthwith and he should be sworn in as the Governor at lmo State immediately” the Supreme Court held on January 14, 2020.
He said the above order has since been made effective by his inauguration as the Governor at lmo State.
