The Supreme Court judgement that sacked Chief Emeka Ihedioha and handed victory to Hope Uzodinma has continued to generate controversy amongst Nigerians.
In a judgement delivered by Justice Keke-Ekun in Abuja, Senator Hope Uzodinma was declared as the winner of the March 9th 2019 governorship election in Imo State, after listening to the appeal of various parties.
However, some Nigerians are beginning to pick holes in the judgement, as some clearly stated that, the number of registered voters, accredited voters and those that voted did not add up after all.
The conversation is becoming bigger, and if truly the Supreme Court erred, the question is that, can Supreme Court reverse itself.
Shedding more light into this matter is Barrister Geoffrey Nwokolo Esq, a popular lawyer and communication expert.
According to him, he said the Supreme Court may revisit its judgment under Order 8 Rule 16, Supreme Rules to correct clerical errors or omissions or gabs to give meaning to the judgment or decision of the court and not to vary it. This is without prejudice to the inherent power of the Supreme Court to set aside its judgment in appropriate cases when; the judgment is obtained by fraud or deceit either on the court or by one or more of the parties.
This is very very unlikely. In practice, the Supreme Court may review itself by a later judgement in an entirely different case with similar fact's on the grounds of a new law, amended constitution, prevailing realities and the likes.
In the present case, it appears we can only appeal to God.
As Justice Oputa, the reverred Justice of the Supreme Court of Blessed memory has stated.
The Supreme court is final not because we are infallible, rather we are infallible because we are final.
Another popular lawyer, Abdul Mahmud has this to say about the Imo political imbroglio.
Abdul Mahmud wrote: "Can the Supreme Court overrule itself and depart from its previous decision?"
"Yes".
"Late Dr Mudiaga Odje SAN successfully moved the Supreme Court in Orubu v National Electoral Commission & 13 Ors (1988) 5 NWLR (Pt 94) 323 to overrule itself and depart from its decision in Esewe v Gbe (1988) 5 NWLR (Pt 93) 134".
"No lawyer has ever achieved his feat".
"I met the great lawyer at his Warri GRA home in December 1993. Bless his soul".
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