Alex Enumah in Abuja
The Supreme Court in a six to one judgment refused to set aside its judgment that removed Honourable Emeka Ihedioha as Governor of Imo State and replaced him with Senator Hope Uzodinma.
The Supreme Court in the split judgment held that it lacked powers to sit on appeal in its own judgment.
The court held that the application by Ihedioha asking the court to set aside its judgment of January 14 on grounds of nullity was an invitation on the apex court to sit on appeal over its own judgment, which the court cannot do.
In the lead judgment delivered by Justice Kayode Ariwoola, the court held that granting the request of the applicants would open the flood gate by parties to all kinds of litigations.
The court however held that parties in this case should bear their cost.
Those who dismissed the application include the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, Justices Sylvester Ngwuta, Kudirat Kekere-Ekun, Amina Augie and Mary Abba-Aji.
Justice Centus Nweze however in his dissenting judgment set aside the judgment of the Supreme Court as a nullity.
He held that the court was misled in declaring Hope Uzodinma as governor and subsequently ordered his removal from office.
According to him, Uzodinma failed to give evidence of how he won the election.
He held that the votes which was used to declare Uzodinma winner was in excess of the accredited votes for the election.