Governor of Imo State, Hope Uzodinma, has said the Supreme Court can no longer hear the application for the review of its January 14, 2020 judgment which sacked Emeka Ihedioha, as governor of Imo State.
Ihedioha, is asking the court to review the judgment.
However, Uzodinma, is arguing that the time within which the apex court is permitted to entertain a case emanating from an election petition has passed.
In a preliminary objection filed against Ihedioha’s application through his lawyer, Damian Dodo (SAN), the governor also pointed out that by virtue of the provision of Order 8 Rule 16 of the Supreme Court Rules 2014, the court is prohibited from reviewing its judgment once delivered, except to correct clerical mistakes or accidental slip.
The preliminary objection in part contended that: “The application being a proceeding relating to or arising from election of a governor is barred by effluxion of time.
“The application constitutes an invitation to the Supreme Court to sit on appeal over its final decision.
Having delivered its final decision on the 1st and 2nd respondents’ Appeal No. SC. 1462/2019 between Senator Hope Uzodinma & Anor v Rt. Hon. Emeka Ihedioha & 2 Ors., the Supreme Court has become functus officio and divested of jurisdiction over the same subject matter.
“Order 8 Rule 16 of the Supreme Court Rules 2014 prohibits this honourable court from reviewing its judgment once given and delivered, save to correct clerical mistakes or accidental slip.
“The judgment sought to be set aside having been given effect by the inauguration of the 1st respondent/objector as Governor of Imo State, this honourable court lacks the jurisdiction to grant the prayer sought.”
He described Ihedioha’s application as “an abuse of court process.”