Justice Chima Centus Nweze, part of the 7-man panel overseeing the Imo review appeal filed by Emeka Ihedioha, expressed concern about the long-term impact of the Supreme Court’s decision on the case, stating that it will haunt the electoral jurisprudence for a considerable period of time.
The Supreme Court’s ruling on January 14, 2020, declared the All Progressive Congress (APC) candidate, Hope Uzodinma, as the valid winner of the November 2019 Governorship election in Imo state. The apex court directed the Peoples Democratic Party (PDP) candidate, Emeka Ihedioha, to vacate the office of the governor.
While six of the panel members emphasized the Supreme Court’s infallibility in upholding its verdict, regardless of its correctness, Nweze highlighted previous instances where the court reversed its judgment.
The panel, led by the Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, voted six-to-one, with the majority choosing to dismiss the application.
Justice Kayode Ariwoola, reading the majority verdict, stated;
“Certainly this court has no inherent power to grant what is being sought; it is beyond the powers of this Court. There is no Constitutional provision for this court to review its own judgment.
“To say the least, this court has no competence and lacks power to sit on appeal in its own decision. Finality of the Supreme Court is entrenched in the constitution, and inherent power can only be invoked where there is law to do so.
“This court cannot, under any guise, alter any judgment under any inherent power, as doing so would bring the court into disrepute and ridicule.
“The application is liable for dismissal and is hereby dismissed for want of jurisdiction and competence.”
Justice Nweze, insisting that the Supreme Court can reverse itself in the interest of justice, argued that the apex court misled itself into declaring Uzodinma as governor without evidence of meeting other constitutional provisions.
He stated;
“This decision of the Supreme Court will continue to haunt our electoral jurisprudence for a long time to come.
“In my intimate reading of the January 14 judgment, the substance of Ihedioha’s matter was lost to the time frame.
“This Court once set aside its own earlier judgment and therefore cannot use time frame to extinguish the right of any person.
“This Court has powers to overrule itself and can revisit any decision not in accordance with justice.
“This decision of the Supreme Court will continue to haunt our electoral jurisprudence for a long time to come.
“This Court has a duty of redeeming its image.
“I am of the view that this application should succeed. I hereby make an order setting aside the decision of this Court made on Jan. 14 and that the certificate of return issued to the appellant be returned to INEC.
“I also make an order restoring the respondents as the winner of the March 9 governorship election.”