Proceedings at the Supreme Court on Tuesday has revealed why the apex court adjourned the review of the judgement on Imo governorship which declared Hope Uzodinma of the All Progressives Congress (APC) winner of the March 9, 2019 election while ordering sack of Emeka Ihedioha, the governorship candidate of the Peoples Democratic Party (PDP).
At the resumption of the hearing on today, PDP and Ihedioha, requested for seven days from the Supreme Court, to regularise their processes.
Ihedioha and the PDP made the request at the resumed hearing of their case asking the apex court to set aside its judgement on Imo governorship that declared Hope Uzodinma of the All Progressives Congress (APC) winner of the March 9, 2019 election.
Ihedioha’s lawyer, Kanu Agabi, asked the court to grant him a short adjournment of not more than seven days.
This, Mr Agabi said, is to enable him file and receive all processes needed to prove his case.
All the respondents in the case did not oppose Mr Agabi’s application.
After listening to all the parties, the seven-member panel of the apex court led by the Chief Justice of Nigeria, Tanko Mohammed, adjourned to March 2, for hearing.
Background:
Recall that Ihedioha and PDP not satisfied with the apex court decision that nullified their victory, in their application filed through their lawyer, Kanu Agabi, said Mr Uzodinma obtained the judgement by deceit.
Mr Ihedioha added that the apex court was misled to have given that judgment.
The former governor described the apex court’s judgment as a nullity and asked that the decision be set aside.
However, in a 19-paragraph affidavit filed in opposition to Mr Ihedioha’s application, Mr Uzodinma and the APC said the 60 days by the constitution has since elapsed.
“The undisputed facts relating to the respondents’/applicants’ motion hereinafter referred to as “the motion” are to the effect that the judgment of the Court of Appeal was delivered on 21st September 2019, while the one sought to be set aside, was delivered on 14th January 2020. Clearly, the 60 days allowed by Section 285(7) of the 1999 Constitution (as amended) for this Hon. Court to hear and determine an appeal from the Court of Appeal in an election matter, lapsed on January 17, 2020. The motion to set aside was filed on February 5, 2020, 19 days after the time allowed by the Constitution.
“It is now a settled law that the 60 days’ time limit to determine and conclude litigation on election matters is sacrosanct and cannot be extended by any guise,” they stated in the counter-affidavit filed on their behalf by their lawyer, Damian Dodo, a Senior Advocate of Nigeria.