Anambra PDP: Supreme Court dismisses INEC motion on Andy Uba, others

Nigeria's Supreme Court

The Supreme Court on Wednesday dismissed a motion filed by the Independent National Electoral Commission (INEC) seeking clarification on its judgment upholding Ejike Oguebego as Chairman of the Peoples Democratic Party in Anambra State.

In his ruling, Justice Inyang Okoro, held that the court lacked the jurisdiction to hear the motion.

“Let me state here clearly that the applicant cannot ride on the back of Order 8 Rule 16 of the Court to tempt us to assume jurisdiction.

“The rule mandates the review of the apex court judgment in rare situations when clerical errors or slip inherent in the decision could negatively affect the meaning of the decision.

“In this instance, it is incorrect to state that such errors existed in our judgment on the matter delivered on Feb. 29,’’ Mr. Okoro held.

Justice Okoro further held that the applicant tried to mislead the court by including fresh issues that were not captured in the judgment sought to be interpreted.

“In that judgment, the court set aside the decision of the lower court and ordered that Chief Ejike Oguebego remained lawful Chairman of the PDP in Anambra pending the determination of the substantive suit.

“We did not elevate Oguebego to National Chairman of the party, let alone deciding whether he reserved the authority to submit list of the candidates to contest the National Assembly from that state.

“We also did not decide or mandate INEC to the candidates to issue certificates of return because that matter was not before us,’’ Mr. Okoro said.

He said the motion has clearly shown that the applicant rather than rely on law upon which the judgment evolved went on to confuse itself with media commentaries to file this motion.’’

Mr. Okoro also said, “Since the applicant is unable to convince the court on whether it has jurisdiction to hear the motion, it is hereby dismissed.’’

“We have gone through the argument advanced by counsel to parties.

“And the court cannot be invited to interpret, justify or clarify its own judgment based on issues outside the purview of that judgment.

“This subtle invitation is simply to cause the court to rewrite the judgment, and we cannot do so. This is a court of finality,’’ Okoro held.

INEC, through its counsel, Adegboyega Awomolo (SAN), approached the apex court for the interpretation and clarification of the judgment.

Mr. Awomolo had argued that it was fact of a matter aside the law that could bestow jurisdiction on the court.

According to him, INEC is at a crossroads on whether or not to consider all the pre-election activities carried out by a faction of the party other than the lawful state executive leadership.

Chris Uche (SAN), Counsel to Mr. Oguebego, however, opposed the motion, saying the motion had raised fresh issues not contained in the judgment.

“My Lord, I want to oppose the motion vehemently on the grounds that the court lacks jurisdiction to hear it mainly because they have thrown up new issues not captured in the judgment.

“Section 235 of the constitution has shown the finality of the apex court, and therefore, this invitation for clarification of its judgment with the padding of new issues is not supported by Order 8 Rule 16 of the court.

“Therefore, we want the court to hold that the motion seeking the clarification of the judgment is grossly misconceived,’’ he said.

Mr. Uche said the jurisprudence was structured in a way to bring litigation to an end, adding, the motion would negatively affect the fabric of the law profession if not thrown out.

“This is a motion if heard could open the flood-gate for the review and justification of most judgments given by the court.

“We also urge the court to hold that the new issues raised in the application are to give room to judicial anarchy,’’ he submitted.

Mr. Uche further said that those new issues raised in the motion were part of items contained in a suit involving the parties pending at the Court of Appeal.

(NAN)


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  • Sir Demo

    What a sham the Supreme Court has become. God will never forgive the present CJN neither will history be kind to him and his generations. Just dey blue grammar to a simple question who are the senators?

    • Jika

      God bless you sir. In my humble opinion as a layman,the current set up of the apex court judges are some of the most confusing in their judgements and verdicts in recent memory!!!!

    • Say the truth

      You are always very irrational and bias in your comments. If this judgement had suit the set agenda of APC you would have praised it. The Supreme Court of 1983 is different from the one now because jurisprudence has been reviewed and expanded. You messiah can no longer armtwist the court to sentence people to prison term arbitrarily. The court has spoken accept it or look for live transformer and hug it.

  • Obosi Warrior

    Supreme court of abracadabra. The more you look the less you see. Oya nah!

  • ayobamiba

    APC is an axis of evil party,APC is a curse on Nigeria. Inec as constituted under this APC government are shameless and too partisan to say the least,just because they wanted to get senator Andy Ubah and Stella odua out because they are like rock of jibrata behind saraki,inec wanted to induce slip of tongue into the hallowed mouth of the supreme court ,but God pass them.all the evil machinations of APC against Nigeria shall collapse one after the other.

  • TAWANDA INCOMMUNICADO

    Only persons who do not understand the judicature and how it works would be surprised at the decision of the Supreme court on this issue. To ride on the wings of a previous judgement which did not specifically mention the Senators to relieve them off their electoral positions would be a pervertion of justice in a democratic dispensation.

    • Kickboxer

      To even think that INEC is the one doing this is unbelievable. We now have a lawless nation run by a brainless man, brainless Buhari, misusing our democratic institutions and spending taxpayers money to roam around with his brainless self…..all those who are misusing their powers under brainless Buhari and brainless Buhari himself must be taken to court after all “punishment & embarrassment” that Nigerians are being subjected to…..msshhh

      • michael

        what do you expect from that dead brain aboki and his co travelers?

  • Pointitout

    This kind of confusion is what you get with quota system judges and judges appointed on political considerations rather than their track records and values they represent. These dinosaurs will take us back to the Stone Age in the name of interpretation of the law. They simply leave people guessing after each judgement and wondering what the future holds for this country with the quality of decisions they come out with these days. They are very predictable disappointing.

    • michael

      shut up… aboki