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Tag: Imo

  • BREAKING: Supreme Court suspends proceedings on Ihedioha’s application

    The Supreme Court has suspended proceedings after taking arguments from parties on the application by the sacked Governor of Imo State, Emeka Ihedioha for a review of the court’s January 14, 2020 judgment, sacking him.

    A seven-man panel of the court, led by the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad announced, a moment ago, that the court will rise to return later for its decision.

    Lawyer to Ihedioha and his party, the Peoples Democratic Party (PDP), Kanu Agabi (SAN), while arguing his clients’ case, prayed the court to set aside its January 14 judgment and restore the judgement of the Court of Appeal, which the Supreme had voided.

    The Appeal Court has declared Uzodinma’s petition at the Governorship Election Tribunal as incompetent and declared Ihedioha winner of the election held in Imo late last year.

    Lawyer to Hope Uzodinma of the All Progressives Congress (APC), who replaced Ihedioha as Imo State Governor, Damian Dodo (SAN) prayed the court to retain its judgment and refuse the request by Ihedioha.

    Dodo argued that the court is not empowered under any known law to set aside its judgment as prayed by Ihedioha.

    He argued that instances where the Supreme Court could correct its judgment are where there are identified typographical errors or slip, which do not reflect the intention of the court.

    The courtroom was packed with lawyers and politicians, who are mostly members of both APC and the PDP.

    Among notable faces are Chairmen of both parties, Adams Oshiomhole and Uche Secondus. Also sighted was former Minister of Foreign Affairs, Viola Onwuliri.

  • Tension in Imo as Supreme Court decides Ihedioha, Uzodinma’s fate today

    The Supreme Court will today (Monday) hear and make a pronouncement on the application by former governor of Imo State, Emeka Ihedioha urging it to set aside it’s January 14, 2020 judgment that ousted him from office in favour of the incumbent governor of the state, Hope Uzodinma.

    The motion which was filed by the legal team of the former governor headed by Chief Kanu Agabi (SAN), was in respect of appeals Nos: SC. 1462/2019; SC/1470/2019; CA/OW/GOV/05/2019 and petition No: EPT/GOV/IM/08/2019, between Senator Hope Uzodinma, All Progressives Congress (APC) and Rt Hon Emeka Ihedioha, the People’s Democratic Party (PDP) and Independent National Electoral Commission (INEC).

    It is the contention of Ihedioha that the judgment of the Supreme Court be set aside is a nullity as it was obtained by fraud.
    On this ground, Ihedioha submitted that “the appellants/respondents (Uzodinma), fraudulently misled the court into holding that a total of 213,495 votes were unlawfully excluded from the votes scored by the 1st appellant/respondent in the gubernatorial election of 9th March 2019 in Imo State.

    He further submitted that “the 1st appellant/respondent admitted under cross-examination that he was the person (and not the 3rd respondent (INEC or any of its officials) who computed the result that gave him the 213,495 votes alleged to have been excluded from his total votes in the election.

    “The fraudulent nature of the additional votes was demonstrated by the fact that the total votes cast as shown in the 1st appellant/ respondent’s computation was more than the total number of voters accredited for the election and in some polling units more than the total number of registered voters.

    “The fraud was also demonstrated by the fact that the result computed by the 1st appellant/Respondent showed only the votes of the 1st Applicant and the 1st Appellant/respondent without specifying the votes scored by the other 68 candidates who participated in the election.
    But responding, Governor Hope Uzodimma has asked the Supreme Court to dismiss an application filed by former Governor Emeka Ihedioha, seeking the setting aside of it’s January 14 judgment that removed him from office.

    The governor position is contained in his preliminary objection challenging the competence of Ihedioha’s motion.
    In the said motion dated February 5, 2020, Ihedioha prayed the apex court for an order setting aside “as a nullity the judgment delivered by it on the 14th of January, 2020 in Appeal No. SC.1462/ 2019 and Cross-Appeal No. SC.147Y0/ 2019.
    However, governor Uzodinma in his preliminary objection dated February 6, 2020, urged the court to strike it out.
    In addition, motion on notice brought pursuant to Section 6(6)(a) of the 1999 Uzodinma and his political platform, the All Progressives Congress (APC), predicated their objection on the grounds 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” Uzodimma posited.
    Besides, the objectors through their counsel, Damien Dodo (SAN) submitted that “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 fuctus 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” Uzodimma argued.

    The Independent National Electoral Commission (INEC), had after the March 9, 2019, gubernatorial election in Imo state, declared Hon. Emeka Ihedioha as the winner of the poll.

    Aggrieved by the declaration of Ihedioha by the INEC as winner of the governorship election, Uzodimma and APC challenged the said declaration by way of a petition.

    The litigation that ensued from the petition ultimately led to the appeal by Uzodimma and the APC against the decision of the Court of Appeal which by majority decision dismissed their appeal against the decision of the Election Tribunal to the apex court.
    Ihedioha and PDP also cross-appealed.

    However, in its judgment of 14th January 2020, the Supreme Court held that there was merit in the appeal filed by Uzodimma and allowed same.
    Consequently, the judgment of the lower court affirming the judgment of the Governorship Election Tribunal which declared Ihedioha winner of the Imo governorship election was set aside.

    Among the orders, the Supreme Court declared that votes due to the Appellants, Uzodinma and APC from 388 polling units were wrongly excluded from the score ascribed to them.

    It ordered that the appellants’ votes from the 388 polling units unlawfully excluded from the appellants’ score shall be added to the results declared by the INEC.

    The Supreme Court also declared that the 1st Respondent, Rt Hon Emeka Ihedioha was not duly elected by a majority of lawful votes cast at the said election and that his return as the elected governor of Imo state was null and void and accordingly set aside.
    “It is hereby declared that the 1st Appellant, Sen Hope Uzodinma polled a majority of lawful votes cast at the Governorship Election held in Imo State on 9th March 2019 and satisfied the mandatory constitutional threshold and spread across the state.

    “It is hereby declared that the 1st appellant, Sen. Hope Uzodimma is the winner of the Governorship Election of Imo State held on 9th March 2019.
    “The Certificate of Return issued to the 1st respondent Rt Hon Emeka Ihedioha is hereby withdrawn.

    “It is hereby ordered that a certificate of return shall be issued to the 1st appellant, Sen. Hope Uzodinma forthwith and he should be sworn in as the Governor at lmo State immediately,” the Supreme Court held on January 14, 2020.

    The apex court had adjourned the hearing of Emeka Ihedioha’s application seeking the review of the January 14, 2020 judgement which sacked him as Imo State governor and installed Hope Uzodinma as his replacement, to March 2.

    The seven-man panel of the apex court led by the Chief Justice of Nigeria, Justice Tanko Muhammad, adjourned the hearing after Ihedioha’s lawyer, Chief Kanu Agabi (SAN), told the court that processes were still being filed.
    “My lords, processes are still coming in. Up till this morning, we were still receiving processes. We, therefore, apply for an adjournment to enable all the processes to come in,” Agabi said.

    The lawyer representing Uzodinma and his party, the All Progressives Congress, Damian Dodo (SAN), and that of the Independent National Electoral Commission, Taminu Inuwa (SAN), did not oppose the application for adjournment.
    The CJN-led panel subsequently adjourned till March 2 for hearing.

  • Ihedioha vs Uzodinma: Why Supreme Court adjourned Imo Gov. judgement review

    Proceedings at the Supreme Court on Tuesday has revealed why the apex court adjourned the review of the judgement on Imo governorship which declared Hope Uzodinma of the All Progressives Congress (APC) winner of the March 9, 2019 election while ordering sack of Emeka Ihedioha, the governorship candidate of the Peoples Democratic Party (PDP).

    At the resumption of the hearing on today, PDP and Ihedioha, requested for seven days from the Supreme Court, to regularise their processes.

    Ihedioha and the PDP made the request at the resumed hearing of their case asking the apex court to set aside its judgement on Imo governorship that declared Hope Uzodinma of the All Progressives Congress (APC) winner of the March 9, 2019 election.

    Ihedioha’s lawyer, Kanu Agabi, asked the court to grant him a short adjournment of not more than seven days.

    This, Mr Agabi said, is to enable him file and receive all processes needed to prove his case.

    All the respondents in the case did not oppose Mr Agabi’s application.

    After listening to all the parties, the seven-member panel of the apex court led by the Chief Justice of Nigeria, Tanko Mohammed, adjourned to March 2, for hearing.

    Background:

    Recall that Ihedioha and PDP not satisfied with the apex court decision that nullified their victory, in their application filed through their lawyer, Kanu Agabi, said Mr Uzodinma obtained the judgement by deceit.

    Mr Ihedioha added that the apex court was misled to have given that judgment.

    The former governor described the apex court’s judgment as a nullity and asked that the decision be set aside.

    However, in a 19-paragraph affidavit filed in opposition to Mr Ihedioha’s application, Mr Uzodinma and the APC said the 60 days by the constitution has since elapsed.

    “The undisputed facts relating to the respondents’/applicants’ motion hereinafter referred to as “the motion” are to the effect that the judgment of the Court of Appeal was delivered on 21st September 2019, while the one sought to be set aside, was delivered on 14th January 2020. Clearly, the 60 days allowed by Section 285(7) of the 1999 Constitution (as amended) for this Hon. Court to hear and determine an appeal from the Court of Appeal in an election matter, lapsed on January 17, 2020. The motion to set aside was filed on February 5, 2020, 19 days after the time allowed by the Constitution.

    “It is now a settled law that the 60 days’ time limit to determine and conclude litigation on election matters is sacrosanct and cannot be extended by any guise,” they stated in the counter-affidavit filed on their behalf by their lawyer, Damian Dodo, a Senior Advocate of Nigeria.

  • BREAKING: Supreme Court adjourns Imo gov judgement review to March 2

    The Supreme Court has adjourned hearing till March 2 this year in the application by the Peoples Democratic Party (PDP) and sacked Imo State Governor, Emeka Ihedioha.

    The Chief Justice of Nigeria, Justice Tanko Muhammad had earlier led seven other members in the hearing.

    Other members of the panel are: Justices Sylvester Ngwuta, Kayode Ariwoola, Kudirat Kekere-Ekun, Inyang Okoro, Amina Augie, and Uwani Abba-Aji. Security in and around Court was on Tuesday beefed up by police and other security operatives as the Supreme Court considered the two applications, one each by the former governor of Imo State, Emeka Ihedioha and members of the APC in Zamfara State challenging the decisions of the court.

    Ihedioha and the Peoples Democratic Party (PDP) had in an application dated February 5, 2020 and brought through his counsel, Kanu Agabi (SAN) asked the apex court to set aside its judgement of January 14, which nullified his victory in the March 9, 2019 election and declared Hope Uzodinma of the All Progressives Congress,APC winner of the election after he presented excluded results from 388 polling units.

    On its part, the Zamfara application, dated November 27, 2019, was brought by the APC faction loyal to former governor Abdulaziz Yari through their counsel, Edwin Clarke (SAN), seeking a review of the consequential order of the apex court which on March 24, 2019 nullified the election of candidates of the party over failure to conduct a proper primary.

    Developing story…

  • CJN Tanko Muhammad heads seven-man panel of justices to review Bayelsa, Imo verdicts today

    Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammad will chair the seven-member panel of justices to review Bayelsa and Imo governorship election verdicts, that have triggered huge controversies and misgivings about the inconsistency of the apex court.

    The panel will sit on Tuesday.

    Other members of the panel are Justice Nwali Sylvester Ngwuta , Justice OluKayode Ariwoola, Justice Amiru Sanusi, Justice Amina Adamu Augie, Justice Uwani Musa Abba Aji and Justice Kudirat Kekere-Ekun.

    Ousted governor of Imo State, Emeka Ihedioha and his party, the Peoples Democratic Party, (PDP) want the court to reverse itself in awarding victory to Hope Uzondinma of the All Progressives Congress (APC).

  • 12 year-old boy commits suicide in Imo over parents death

    A 12-year old boy has committed suicide in Agboala Ishiala Umudi autonomous community in Nkwerre council area of Imo State following the death of his parents.

    The boy, identified as Kasarachi Odurukwe, was until his death last Wednesday, a primary six pupil of Practicing School, Umudi.

    He committed suicide by hanging himself on a rope on an Indian bamboo tree.

    According to village sources, the boy and two younger siblings had lost his parents and had been living with their mother’s sister in that village.

    It was gathered that the deceased had been complaining of how boring the world had been to him.

    One of the villagers said the boy would “jokingly tell his mates that he wants to die and meet his mother in heaven”.

    It was gathered that on that Wednesday, Kasarachi had led his two siblings and two other kids to a nearby stream to fetch water.

    On arrival to the stream, Kasarachi was said to have assisted the other children to fill their cans while he used a long stick to check the dept of the stream.

    One of the sources told newsmen, “Having not been satisfied with the shallow dept of the water, the deceased was said to have taken a rope and tied it up to a bamboo tree. But his first and second attempts to kill himself failed while the other kids were begging him to stop.

    “It was the third attempt that on a stronger Indian bamboo tree that the rope strangled him to death.

    “That action jolted the other kids, who ran back to the village to report the incident to the family and villagers elders”.

    When the elders quickly thronged the scene, they called in the police who assisted in bringing down the corpse and deposited same to the morgue.

    It further gathered that one of the things found on the deceased were four batteries, which some villagers said he might have intended to drink as poison.

  • Supreme Court Verdict: Uzodinma speaks tough, says no more protests in Imo

    Governor Hope Uzodinma of Imo State has warned that his administration will deal with individuals and groups of persons sponsoring inciting protests in the state.

    He said he would no longer tolerate any more protests designed to destabilize government activities and tamper with the peace of the state.

    Uzodinma’s threat followed series of protests that greeted the removal of Emeka Ihedioha as the governor of the state by the Supreme Court.

    Speaking when the National Union of Road Transport Workers and Joint National Association of Persons with Disabilities (JONAPWD) held solidarity rally for him at the government house in Owerri, the governor said that he had tolerated enough destabilization from some disgruntled elements in the state.

    He warned that he would no longer fold his arms and watch any group under any guise trample upon the peace of the state.

    He said: “My government will do all within the ambits of the law to maintain peace and order; those who are engaging in these incessant protests must stop forthwith. I took an oath to maintain peace and protect the lives and property of the citizens, I will not fail to deal with any group causing breach of the peace in the state.”

    The governor reassured Imo citizens that his administration was for peace and service, ready to provide equal opportunities for the overall development of the state and her citizens regardless of cadre and status as the government would not condone any act of marginalization or unruly attitude.

    He also assured the persons living with disabilities that they would not be marginalized against.

    “Whatever anybody can do I’m sure you can do it, you’ll be given equal opportunities; so I implore you to go on and be happy because this is your government”, the governor said.

    The state chairman of NURTW, Comrade Izuchukwu Okebaram and his counterpart in the Joint National Association of Persons with Disabilities, Bright Ikechukwu Uzoma said they came to express their solidarity with the governor over his victory at the Supreme Court, describing it as an act of God and a bold step by the judiciary towards restoration of justice; as well as re-enactment of the supremacy of Nigerian constitution.

  • Imo: Uzodinma optimistic Supreme Court will not overturn itself

    Imo: Uzodinma optimistic Supreme Court will not overturn itself

    Gov. Hope Uzodinma of Imo has expressed optimism that the Supreme Court would not reverse its judgment that sacked his predecessor, Emeka Ihedioha, and declared him winner of the March 19, 2019 governorship election.

    The apex court had, on Jan. 14, removed Ihedioha of the PDP on the ground that he did not score the lawful majority votes in the Imo governorship race.

    The court said it arrived at that decision after adding votes scored by Uzodinma in 388 polling units, which showed that he won the race.

    It subsequently declared him winner of the election and ordered the Independent National Electoral Commission (INEC) to give him a certificate of return as elected Imo governor.

    Ihedioha has, however, vowed to return to the Supreme Court with a view to seeking a review of the judgment that removed him from office.

    Uzodinma, who spoke with State House correspondents after a closed door meeting with President Muhammadu Buhari on Friday in Abuja, said that the matter was already “a concluded case”.

    “I am not disturbed by the PDP’s move to seek a review of the judgment. I am not concerned because I believe they are going back to the Supreme Court based on falsehood because the number of accredited votes outside the excluded votes is what they are talking about.

    “But, if you are going to court, you must go to court to discuss or talk about the number of accredited votes including the excluded polling units. If you compute the number of accredited votes inclusive of the excluded voters, the figures are correct.

    “We went to court with an issue of exclusion; we didn’t go to court complaining about election malpractices, violence and all of that. So, it is a peculiar case.

    “My case can be likened to that of Jim Nwobodo vs Onoh and Omoboriowo vs Ajasin – It is the position of the Supreme Court that where an election has been announced at a polling unit, INEC is bound to collect the result and enter the results into the Form EC 8B.

    “So, let INEC tell us what happened; I’m a lawmaker and I participated in the amendment of the Electoral Act. Election petitions are timed.

    “As far as I’m concerned, the 60 days left for Supreme Court to look into that matter has expired. I’m not a lawyer but with my little knowledge of law making, I understand what is in the Electoral Act.”

    The governor, who was accompanied by the National Chairman of the APC, Mr Adams Oshiohmole, during the visit, pledged to transform the living conditions of the inhabitants of the state.

    He particularly promised a better life for Imo workers, saying that he had already paid all outstanding salaries of civil servants in the state.

    “For 12 years, no governor visited the civil service secretariat, I was there two days ago and water has not been available to the secretariat for the past nine years.

    “Two days after my visit, water is running there now. They have been re-connected to electricity and the generators are being worked on now.

    “So, my mandate is about the people and my government will just be about the people and by the grace of God, I will not disappoint their expectations.

    “I am sure they will see good governance from a man with experience, working in consultations with political stakeholders in the state. I think we can do it differently and the narrative will be acceptable to the people,’’ he said.

    Oshiomhole, who also spoke to the correspondents, explained that they were in the presidential villa to introduce Hope Uzodinma as the governor of Imo to President Buhari.

    He said: “The governor of Imo, Sen. Hope Uzodinma, is not a stranger to the president. He has been part of the APC family; he has played very decisive roles when it mattered in the affairs of the party.

    “So, the purpose of today’s meeting is just to introduce him as the new executive governor of Imo.

    “President Buhari is very excited that we have established our foothold in the heart of the south east. And it coincides with the president’s vision of uniting the country.

    “Now, we can truly say that we not only control the centre, we have governors in each of the six groups-political zones and I believe that is good for our party and for the government.’’

  • Imo: PDP reacts to mass defection of lawmakers to APC

    The national leadership of the Peoples Democratic Party (PDP) has declared vacant, the seats of the eight members of the Imo State House of Assembly who on Tuesday, defected to the All Progressives Congress (APC).

    At a media briefing in Abuja on Wednesday, the spokesman for the PDP, Kola Ologbondiyan, said the defectors cannot continue to hold on to the mandates given to them on the platform of the PDP.

    The assembly members, including the Speaker, had announced their defection on the floor of the House on Tuesday, a development the PDP said was ostensibly for selfish gains.

    The party described the actions of the lawmakers as unpatriotic and an unpardonable betrayal of the people of their respective constituencies who chose and identified with the ideal and visions of the PDP as the platform for their representation at the state assembly.

    “The defectors have indeed shown absolute lack of character, failure of leadership capacity in moments of challenges and absence of faith to stand with the people in their most trying moment, but are easily bought by personal pecuniary and political interests.

    “These defectors are fully aware of the grave implication of their actions to the effect that by their defection to the APC, they have automatically lost their seats and membership of the Imo state House of Assembly as they can only hold such position on the mandate of the party on which they were elected -the PDP.

    “It is settled under the 1999 Constitution (as amended), that a legislator who defects from a party upon which he was elected a member of a legislative house, automatically loses his or her membership of that house as the seat belongs to the political party upon which platform the election was won and not the individual”, Ologbondiyan said.

    The spokesman further said that the vacation of seat, as a direct consequence of defecting to another political party other than the party upon which one was elected to occupy a seat in the legislature, was clear and unambiguous under Section 109 (1) (g) of the 1999 Constitution (as amended).

    Continuing, Ologbondiyan said, “For the avoidance of doubt, section 109 (1)(g) provides that “a member of the House of Assembly SHALL VACATE his seat in the House if …(g) being a person whose election to the House of Assembly by a political party, he becomes a member of another political party before the expiration of the period for which that House was elected:

    “The Constitution went further to state ‘provided that his membership of the latter political party is not as a result of a division in the political party of which he was previously a member or of a merger of two or more political parties or factions by one of which he was previously sponsored.

    “Consequent upon the above constitutional provisions, these defectors have vacated their seats, they no longer have a place in the state assembly, as there is no division or merger of any kind in the PDP at any level whatsoever”.

    The party spokesman said the PDP is left with no other option than to request the Independent National Electoral Commission (INEC) to immediately commence the processes for the conduct of fresh elections into the respective state constituencies where the legislators have vacated their seats, in line with the provisions of the 1999 Constitution.

    The party called on its members and supporters in Imo state to remain calm, as the national leadership proceeds with arrangements ahead of fresh elections in the affected constituencies.

    The PDP assured the people of Imo state that processes were already on towards achieving a judicial review and reversal of the “defective judgment” of the Supreme Court, on the Imo state governorship election.

  • Imo victory party tragedy: NSCDC bans display of firearms by personnel in public functions

    Imo victory party tragedy: NSCDC bans display of firearms by personnel in public functions

    The Commandant General of the Nigeria Security and Civil Defence Corps, Abdullahi Gana Muhammadu has banned members of the Civil Defence armed squad from displaying firearms, especially in public places.

    This is in response to the death of Action Alliance Chieftain in Imo State, Mr. Ndubuisi Emenike through an accidental discharge by an operative of the NSCDC.

    Abdullahi said this when he paid a condolence visit to the former governor of Imo state and serving Senator Rochas Okorocha to commiserate with him on the demise of an illustrious son of the state. He maintained that the order was necessitated by the need to prevent future occurrences of such costly accidents.

    He profusely warned that any personnel caught flagrantly displaying or brandishing firearms in whatever circumstances or during any celebration risks dismissal.

    “And henceforth, it has become an offence for armed bearers to stay within the immediate perimeters of any occasion; they must keep a 50 meters distance away from events or party venues,” the CG said.

    He assured Senator Okorocha and the entire people of Imo state of decisive punitive action against the alleged shooter of the chieftain without any compromise.

    ”As the head of a disciplined and responsible organization, the condolence visit is necessary to commiserate and identify with the people of Imo state at this period of mourning”.

    Gana consequently warned all state commandants to put their house in order and ensure that their personnel exhibits the highest form of professional discipline wherever they find themselves.

    He stressed that on no account must he receive a report bothering on misuse of firearms from any state command because when that happens, such commandant should be ready to face the consequences as any breach of security and safety of the people would no longer be condoned from any command forthwith.

    He expressed regret over the incident and assures that the Corps is with the family in prayers and will be paying personal condolence visits to the immediate family of the deceased in Imo and Lagos state soon.