TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials
No Result
View All Result
TheCitizen - It's all about you
No Result
View All Result

Supreme Court ruling: Ihedioha can still be governor

The Citizen by The Citizen
January 20 2020
in Opinion
A A
0
Supreme Court ruling: Ihedioha can still be governor

By Tonnie Iredia

It is no longer news that in line with last week’s decision of the Supreme Court, Senator Hope Uzodinma is now the Imo State governor. Having decided that the exclusion of certain votes in his favour during the collation of votes at the last governorship election in the state was illegal, the Apex Court went ahead to add the said votes which saw to the victory of the new governor.

Uzodinma was promptly sworn in. His immediate predecessor, Emeka Ihedioha who had earlier been declared as the duly elected governor by the electoral body had to step down. Before doing so, Ihedioha did not forget to make the point that although he did not agree with what he described as an unfair and unjust ruling, he had “no option but to respect the outcome of the judgment.”

A cursory look at various media platforms shows that Ihedioha’s viewpoint is generally shared by a cross-section of Nigerians.

Bearing in mind that the ruling was made by the nation’s highest judicial authority – the Supreme Court, everyone appears to believe that there is really nothing left for Ihedioha to rely upon for some hope.

There are grounds for this position, the most prominent is that the Supreme Court is the last court of the land; meaning that after it, no other court is available to a party for further action. In other words, the situation is not like what happens in the lower courts when a party can proceed on appeal to a higher court where he is dissatisfied with a judgment.

Again, there is the understanding that in order to avoid a situation where a case may never end, the same court is not expected to review its rulings after delivering its judgment. Put differently, a Court cannot sit as an appellate court over its decision. It is this idea, that a Court has no business returning to a case it has already concluded that makes many people think the end of Ihedioha’s case has come.
For this reason, some analysts have condemned the call by the Peoples Democratic Party (PDP) for the Supreme Court to reverse itself in the Imo case. The only thing in our view that is wrong with the position of the PDP is the intemperate diction employed at the press conference where the call was made.

Otherwise, the rule that a court cannot reverse itself is not absolute. To revisit a case already settled has happened many times before.

Almost 50 years ago, we had the case of Johnson v Lawanson (1971) 7 NSCC 82 where the Supreme Court found cause to overrule itself. In that case, Justice G.B.A Coker of the Apex Court made the point that “when the court is faced with the alternative of perpetuating what it is satisfied is an erroneous decision which was reached per incuriam and will, if followed, inflict hardship and injustice upon the generations in the future or of causing temporary disturbances of rights acquired under such a decision, I do not think we shall hesitate to declare the law as we find it.”

What the above implies is that the convention that Courts do not reverse themselves has exceptions; one of which is that a party is allowed to seek a revisit of a decided case if the decision was arrived at by fraud or deceit or in earnest when there are clerical errors in the judgment.

From the little that has been made public about the Imo judgment, it is obvious that the election has been accorded more votes than the number of voters accredited to vote – an anomaly that is made more visible by the current arrangement in which accreditation and voting are merged.

However, the number of votes scored in an election can be lower than the number accredited where some ballots are found to be invalid.

The decision of the Supreme Court in the Imo governorship case that the exclusion of certain votes was illegal because it was done by unauthorized officials cannot be faulted; it is in actual fact a point to be saluted if we must put an end to our history of rancorous elections.

But if the addition of the controversial votes creates mathematical errors as we now have, the court ought to correct such clerical error, accidental slip or omission. That is probably what any person would regard as the ordinary meaning of Order 8 Rule 16 of the Supreme Court Rules which creates an exception to the rule that a court cannot revisit its own ruling. Thus, nothing in our view stops Emeka Ihedioha from pointing out the apparent error occasioned by the addition of the voting figures approved by the court.

All he needs to do is to present an application to the court for the correction of the error in computing the votes and not to seek an appeal. In other words, Ihedioha must not go to Court to seek a reversal of his case as Andy Uba was wrongly persuaded to do in the Anambra governorship election in 2007. Ihedioha should stop at correcting errors.

In truth, if the Supreme Court had averted her mind to the absurdity of the figures we are now seeing, she would have seen with relative ease, some wisdom in the earlier rejection by the electoral body of obviously concocted figures which Nigerian politicians are expert of. She would have realized that allowing the figures would do incalculable damage to our electoral and democratic system.

This is why we call on the Supreme Court to, on its own, without the prompting of a party correct the obvious error which would not derogate from its credibility because although the court is final, its members are not infallible; they are human.

This is our own understanding of what the late legend, Chukwudifu Oputa meant when he said many years back while referring to those of them in the Supreme Court that “we are final not because we are infallible, rather we are infallible because we are final.”

What would make the finality of our Apex Court to be greatly cherished is where the Court is not only fair and just but where it also adopts an approach which allows errors to be corrected. If the truth must be told, such respect for the Court or what may be better described as public perception of our Supreme Court at this point in time is rather low.

One way of reversing the trend is for the Court to embrace substantial rather than technical justice as its priority and to revisit a case whose judgment is laced with errors. Otherwise, a judgment that no one would comfortably follow in future would be a great attack on the doctrine of judicial precedent.

The judgment in the Imo governorship case, which has approved more votes than voters has all the potentials of serving as a bad case. It should be promptly corrected.

Previous Post

Liverpool beat Man Utd 2-0 to maintain grip on Premier League title

Next Post

Nine delisted firms wipe off N165.11bn from NSE

Related Posts

2027: Wike, APC governors clash over Rainbow Coalition
Opinion

Why are governors getting worse?

October 13 2026
As we celebrate the girl-child, let us not forget the boy-child
Opinion

As we celebrate the girl-child, let us not forget the boy-child

October 12 2026
Candidate Sowore: Revolution, Marijuana and other stories
Opinion

Candidate Sowore: Revolution, Marijuana and other stories

September 25 2026
Opinion

 Akpakomiza and other stories

September 1 2026
‘Fake’ Agency: Adeyemi insists DG appointment genuine
Opinion

Fake agencies: Why Nigeria still needs Oronsaye report

August 25 2026
How Adeleke danced back from the dead
Opinion

How Adeleke danced back from the dead

August 19 2026
Next Post
Nine delisted firms wipe off N165.11bn from NSE

Nine delisted firms wipe off N165.11bn from NSE

Enugu govt denies alleged demand of N500m from airport contractors by host community

Enugu govt denies alleged demand of N500m from airport contractors by host community

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

FROM THE GRASSROOTS

Minister defends King’s College concession, cites infrastructure decay

Minister defends King’s College concession, cites infrastructure decay

by The Editor
September 16 2026
0

...

Lagos demolishes shanties after four die in community clash

Lagos demolishes shanties after four die in community clash

by The Editor
August 30 2026
0

...

Kano, Sokoto, others spend N53.2bn on scholarships abroad

INEC fixes Sept 19 for Kano Assembly by-election

by The Editor
August 27 2026
0

...

Awujale: Ruling House sues Ogun, kingmakers

Awujale: Ruling House sues Ogun, kingmakers

by The Editor
August 25 2026
0

...

APPOINTMENTS

CJN swears in 68 new SANs

CJN swears in 68 new SANs

by The Editor
October 12 2026
0

...

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

Enugu governor names Nollywood’s Eucharia Anunobi, Rachael Okonkwo aides

by The Editor
September 23 2026
0

...

Gov. Yahaya swears in 19 new Gombe permanent secretaries

Gov. Yahaya swears in 19 new Gombe permanent secretaries

by The Editor
September 11 2026
0

...

Niger State governor appoints six commissioners-designate, four aides

Niger State governor appoints six commissioners-designate, four aides

by The Editor
September 8 2026
0

...

ODDITIES

Indian man assaults truck drivers in Lagos

Indian man assaults truck drivers in Lagos

by The Editor
October 13 2026
0

US engineer caught on camera poisoning colleague’s water bottle

US engineer caught on camera poisoning colleague’s water bottle

by The Editor
October 12 2026
0

Newly-wed pastor steps back from ministry after apologising over past affairs

Newly-wed pastor steps back from ministry after apologising over past affairs

by The Editor
October 6 2026
0

GLOBAL NEWS

Nigeria: Pope Leo XIV urges release of abductees from terrorists’ den

Pope Leo’s lung surgery successful — Vatican

by The Editor
October 13 2026
0

...

Child Soldiers: US threatens to cut military aid to Nigeria

Child Soldiers: US threatens to cut military aid to Nigeria

by The Editor
October 13 2026
0

...

Saudi Arabia threatens ‘serious response’ after Houthi airport attacks

Saudi Arabia threatens ‘serious response’ after Houthi airport attacks

by The Editor
October 13 2026
0

...

US releases fresh names, photos of 24 Nigerians on deportation list

US releases fresh names, photos of 24 Nigerians on deportation list

by The Editor
October 12 2026
0

...

US to livestream Fort Hood shooter’s execution

US to livestream Fort Hood shooter’s execution

by The Editor
October 9 2026
0

...

State of the States

Ogun pensioners demand gratuities, pension increases

Ogun pensioners demand gratuities, pension increases

by The Editor
October 9 2026
0

...

Enugu Air opens international route to Cameroon, begins Enugu-Douala service

by The Editor
September 25 2026
0

...

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

I won’t be a godfather; Abia voters will pick my successor, says Gov. Otti

by The Editor
September 17 2026
0

...

Fubara orders fresh LG elections in Rivers State

Fubara signs N1.84tt Rivers 2026 budget into law

by The Editor
September 3 2026
0

...

Plugin Install : Widget Tab Post needs JNews - View Counter to be installed
  • Trending
  • Comments
  • Latest
FAAC shares N2.09tr to FG, states, local councils as October revenue

FAAC shares N2.43tr among FG, states, LGs

October 16 2026
Refiners predict petrol price drop below N400/ltr

Marketers reject govt plan to cap petrol price

October 16 2026
Economy: ₦1m salary worthless without stable Naira – NLC

FG, NLC clash over minimum wage talks

October 16 2026
Netflix secures exclusive 2030 FIFA World Cup broadcast rights in Spain, Andorra

Netflix secures exclusive 2030 FIFA World Cup broadcast rights in Spain, Andorra

October 16 2026

EDITORIAL REVIEW

Tariff hike: Electricity workers lock out minister, issue 14-day ultimatum

Don’t involve civil servants in politics – Punch

by The Editor
October 16 2026
0

Kano, Sokoto, others spend N53.2bn on scholarships abroad

Kano, Borno spreading tyranny – Punch

by The Editor
October 13 2026
0

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

US Congress okays bill to cut foreign aid to Nigeria

Nigeria’s revolving-door budgeting – Punch

by The Editor
October 12 2026
0

Police, Oyo LG deny release of kidnap victims after Igboho’s ultimatum

Tinubu’s extended absence – Punch

by The Editor
October 8 2026
0

Opinion

2027: Wike, APC governors clash over Rainbow Coalition

Why are governors getting worse?

by The Editor
October 13 2026
0

...

As we celebrate the girl-child, let us not forget the boy-child

As we celebrate the girl-child, let us not forget the boy-child

by The Editor
October 12 2026
0

...

Candidate Sowore: Revolution, Marijuana and other stories

Candidate Sowore: Revolution, Marijuana and other stories

by The Editor
September 25 2026
0

...

 Akpakomiza and other stories

by The Editor
September 1 2026
0

...

Plugin Install : Popular Post Widget need JNews - View Counter to be installed
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.

No Result
View All Result
  • Home
  • Headlines
  • Latest News
  • Governance
  • Business
  • Financial Crimes
  • Opinion
  • Editorials

© 2026 TheCitizen Ng. All Rights Reserved.