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Imo Review: An account of proceeding at the S’Court

by on March 3, 2020
 

‘We are only praying the Apex Court to correct a mistake that occasioned a great miscarriage of Justice,’ Counsel to Emeka Ihedioha, Kanu Agabi, SAN tells Apex Court

Arguing his case, Agabi, SAN, said his clients were only praying the apex court to correct a mistake that occasioned a great miscarriage of justice against them.

“We are not here to challenge the authority of this court. We respect the supremacy of this court and we recognise that your judgement is final.

“If we can go to God in prayer to change his mind, so also we have come before this court to change its mind”.

He contended that judgment of the Court of Appeal that struck out Uzodinma’s petition for being incompetent, was not decided by the Supreme Court.

Agabi noted that whereas only results from 366 polling units was in issue, the apex court panel, erroneously made reference to 388 poling units.

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He queried the whereabout of the balance of results from 22 polling units in the state, saying “no indication was given as to what the results were in respect of the 22 polling units.

“It was a fatal error”, Agabi submitted, adding that from the computation of the apex court, the total number of votes cast at the election exceeded the total number of accredited voters by over 100, 000 votes.

Besides, Agabi argued that Uzodinma had in his substantive petition before the Imo State Governorship Election Petition Tribunal, maintained that the gubernatorial contest that held in the state on March 9, 2019, was invalid by reason of corrupt practices and non compliance with the Electoral Act.

Ihedioha’s lawyer therefore contended that it was wrong for the apex court to declare Uzodinma winner of an election he adjudged to be flawed.

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“He got a benefit for what he did not seek”, Agabi added, even as he urged the apex court to set-aside its judgement that favoured Uzodinma and the All Progressive Congress, APC, and restore the Court of Appeal verdict that affirmed Ihedioha as the valid winner of the Imo state governorship election.

He insisted that the Supreme Court was adequately empowered by section 6(6) of the 1999 Constitution, as amended, to reverse itself on the matter.

“My lords, when I was a child my father will beat me to cry and also beat me to stop. My Lords please we are crying, do not treat us like my father did. I urge you set aside that judgement.

“My lords are human and can make mistake, but the law has given you power to correct yourselves so that your mistakes are not immortalized”, Agabi pleaded.

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Meanwhile, the Judgement will be delivered by 3pm .

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