The Supreme Court has began hearing the two applications by the
erstwhile governor of Imo State, Emeka Ihedioha and the members of
the All Progressives Congress, APC in Zamfara State challenging the
decisions of the court.
The Chief Justice of Nigeria, Justice Tanko Muhammad is leading
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 considers 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.
Recall that in its judgement, a seven-member panel of justices
presided by the Chief Justice of Nigeria (CJN), Justice Tanko
Muhammad, held that Ihedioha was not validly elected as governor by
majority of lawful votes cast in the election.
The panel therefore ordered the Independent National Electoral
Commission (INEC) to withdraw the certificate of return issued to
Ihedioha and a fresh certificate of return issued to Uzodinma
forthwith and “he should be sworn in as governor immediately.”
In the main judgement read by Justice Kudirat Kekere-Ekun, the
apex court held that Uzodinma proved the allegation of exclusion of
results in 388 polling units of the state where he scored 213,695
votes.
While in the Zamfara judgement, a five-member panel of justices
presided by the Chief Justice of Nigeria, Justice Tanko Muhammad,
in a unanimous judgement held that the party in the state failed to
conduct primaries in accordance with the party rules.
In the lead judgement by Justice Paul Adamu Galinji, the apex
court held that all votes cast for the APC were “wasted votes” and
declared that all political parties with the second highest votes
in the elections and the required spread, are elected to the
various elections.
The apex court had in its judgement on a suit by Senator Kabiru
Garba Marafa on May 24 last year nullified the victory of all the
APC candidates in the last general elections, thus paved way for
the emergence of those of the PDP. But INEC may ask for adjournment
in the Zamfara appeal to enable it respond properly.