Appearances. Agabi and co for Ihedioha. Dodo and co for Governor Uzodimma. Inua and co appears for Inec.
: Inua & co appear for Inec☝
Dodo seeks direction of the court whether his preliminary objection should be taken first, but the court directs that the entire application should be taken together. Agabi applies to withdraws his first motion asking the court to revisit their judgement.
Dodo and Inec did not oppose the application and the court grants their prayers accordingly.
Agabi moves the motion filed on the 17th February,2020 and supported by a written address dated the 2nd day of March 2020.
He further relied on a further and better affidavit dated the 28th day of February and his reply on points of law dated the same day as above.
He adopts all the processes filed and prayed the court to grant all the reliefs sought. He was given two minutes to adumbrate on any issues he feels necessary to convince the court. He was granted five minutes. He started by saying that he is not here to challenge the judgement of the court but only here to convince the court to change their mind because of perceived mistakes. That the judgement of the court of appeal dismissing Senator Hope’s petition as incompetent was not pronounced on by the supreme Court and therefore the judgement was still subsisting. Secondly that the supreme Court mentioned 388 units but that the tendered result was 366 but the supreme Court gave judgement on 388 units. That it was a fatal error.
Next contrary to law that the number of votes ascribed to the Governor exceeded the accredited voters by 128k votes. He further submitted that Governor in their pleadings stated that the election was invalid and wondered why an invalid election can result in the return of the Governor. Moreover there were no constitutional spread. He submits that the Court should on the basis of the above grant their relief.
He submits in conclusion that since Governor prayed in his petition that there should be fresh elections in 388 units that the Court should look into it especially because of its inconsistency.
The Court asked him what the effect of the setting aside would be and he answered that the Court of Appeal judgement should stand. He finally submitted that the supremacy of the Constitution is by virtue of section6 subsection 6 and they have all powers to review their judgements without let or hindrance.
Dodo has taken the floor. He adopts all the processes filed including those for preliminary objections.
He submits that the application is incompetent and should be discountenaced in their entirety.
He submits that there is a total lack of jurisdiction for the Court to revisit their judgement of 14 January whether it is classified as an application for review or set aside that they are covered by the same vice. That the Court has consistently and truly so that the Court lacks jurisdiction to sit on appeal over its judgement. That the Court in Suswan’s case which he handled held that it does not have jurisdiction to sit on appeal over its judgement.
The Court wanted to know whether there are exceptions? He submitted that the Court can revisit or set aside if there is a slip or clerical errors.
Dodo is reading the judgement of the Court for clarity. He submitted that the judgement was clear, elicit and categorical and that no one should come to desecrate the honour and integrity of the Court and applied that the application should be dismissed without hesitation.
The Court wanted to know whether there is a difference between an appeal and a review? He submitted that they are the same thing and can be likened to six and half a dozen.
: In the main application, he relies on all the counter affidavits and written addresses. He urges the court to be persuaded by the arguments contained therein and dismiss the application. He submitted that Governor Hopes only application before the Tribunal up to the supreme Court was to be declared the winner. All other alternative reliefs were abandoned with the leave of the court. Therefore the issue of inconsistent reliefs do not arise.
☝not to be persuaded
He urges the court to take judicial notice that the judgement of the court delivered on the 14 the January clearly set aside the judgement of the lower court in all its ramifications. Therefore the submission that some aspects of the decision of the lower court is still subsisting is an affront to common sense and all legal principle. That the judgement is a tsunami that consumed everything. Nothing was left at all. He urged the court to sustain the preliminary objection and in the unlikely event that the court disagrees to dismiss the application.
Inec submits that they are not part of the case and asked the court to exercise its discretion.
Agabi in Opposition to the Preliminary objections relies on his affidavits and refers the court to a case where conditions for setting aside judgements was clearly stated. In that case the court said that the supreme Court posses inherent power to set aside it’s judgement in deserving cases and this case is one of them. He submits that the Justices are human and are supscepitble to mistakes and should not allow their mistakes to be immortalized.
He finally prayed that Almighty God should come down in heaven and touch their hearts to do justice in this case.
Dodo in final bite cited an authority of the court countering the submission of Agabi and rested his case.
Appeal stood down for ruling by 3pm.
