Imo: Why PDP Must Seek a Review

Since the Supreme Court, on Tuesday, January 14, sacked former Imo State Governor, Emeka Ihedioha, public reactions to the shocking the news has not abated. This, no doubt, informed the recent protests staged in the state and others in solidarity.

Importantly, however, was the call for a review of the case by stakeholders, who held that the judgment handed down by the apex court, was faulty on all counts. Although there are those, who had argued on whether or not the Supreme Court could review let alone reverse self, the example below suffices.

The late Justice Chukwudifu Oputa, delivering the lead judgment in Adegoke Motors Ltd. v. Adesanya [1989] 13 NWLR (Pt.109) 250 at page 275A, considered the powers of the Supreme Court (as the final Court in the land) to review its earlier decisions.

“We are final not, because we are infallible, rather, we are infallible, because we are final. Justices of this Court are human beings, capable of erring. It will certainly be shortsighted arrogance not to accept this obvious truth. It is also true that this Court can do inestimable good through its wise decisions.

“Similarly, the Court can do incalculable harm through its mistakes. When, therefore, it appears to learned counsel that any decision of this Court has been given per incuriam, such counsel should have the boldness and courage to ask that such a decision be overruled. This Court has the power to overrule itself (and has done so in the past) for it gladly accepts that it is far better to admit an error than to persevere in error.”

The Imo governorship debacle, therefore, presents an opportunity to strengthen the constitution of the land as well as the justice system. This is why the leadership of the opposition PDP and Ihedioha must, for the love of the country push for a review and as soon as possible.