Ahead of the Supreme Court hearing of his application on Monday, March 2, 2020, former governor of Imo state, Emeka Ihedioha has told the court that the facts and circumstances of his application before the court are different and distinguishable from the one filed by the All Progressive Congress (APC) and it’s candidate, David Lyon with respect to Bayelsa State governorship election.
The Supreme Court had adjourned the hearing of Emeka Ihedioha’s application seeking the review of the January 14, 2020 judgement which sacked him as Imo State governor and installed Hope Uzodinma as his replacement, to March 2.
The seven-man panel of the apex court led by the Chief Justice of Nigeria, Justice Tanko Muhammad, adjourned the hearing after Ihedioha’s lawyer, Chief Kanu Agabi (SAN), told the court that processes were still being filed.
“My lords, processes are still coming in. up till this morning, we were still receiving processes. We, therefore, apply for an adjournment to enable all the processes to come in,” Agabi said.
The lawyer representing Uzodinma and his party, the All Progressives Congress, Damian Dodo (SAN), and that of the Independent National Electoral Commission, Taminu Inuwa (SAN), did not oppose the application for adjournment.
The CJN-led panel subsequently adjourned till March 2 for hearing.
However, in between the adjourned date, a similar application brought by the APC and it’s sacked governor-elect for Bayelsa State, David Lyon and his deputy, Degi-Eremienyo for a reversal of its judgment was dismissed by the court.
In a unanimous judgment, a seven-man panel of Justices of the apex Court headed by Justice Sylvester Ngwuta, dismissed the two different applications that sought the setting aside of the February 13 judgment that went against Lyon and his deputy.
Justice Amina Augie, who delivered the lead judgment described the fresh applications that were filed by Lyon and his deputy, as well as the All Progressive Congress, APC, as “highly vexatious, frivolous and gross abuse of the judicial process”.
It held that the applications were aimed at “desecrating the sanctity of the court”, stressing that it was an invitation for the Supreme Court to sit on appeal over its final judgment in violation of the Constitution.
But in his further and better affidavit in support of his application dated February 28, Ihedioha insisted that his action is not an invitation of the apex court to sit on appeal over it’s judgment.
Rather, he explained that his application is seeking the court “to set aside it’s January 14, 2020 that removed him from office for being a nullity.
SUN
