…AS IMO DEPUTY GOVERNOR HAILS JUDGMENT
The Supreme Court of Nigeria has upheld the election of Governor Okorocha
as it dismissed Hon. Emeka Ihedioha’s appeal to quash the ruling of the
lower court against its challenge against Governor’s victory at the
tribunal.
Hon. Justice Inyang Okoro reading the lead judgment dismissed the appeal
brought to it through the lead counsel of Ihedioha, Chief Mike Ahamba
(SAN) for lack of merit and non-compliance of court rules thereby causing
a procedural bridge.
It will be recalled that the Chairman of the election tribunal sitting in
Owerri, Imo State, Justice David Wyom dismissed Emeka Ihedioha’s petition
against Governor Okorocha’s election on the grounds that the petitioner
failed to to comply with the rules guiding the proceedings. Challenging
the judgment of the tribunal, Emeka Ihedio through his counsel, Chief Mike
Ahamba filed an appeal where it committed a similar procedural default
leading, thereby denying the lower appellate court from exercising its
jurisdiction.
The court ruled that the appeal at the lower court of appeal largely
lacked merit and deprived the lower court its jurisdiction to entertain
the matter following the confused and defaulted originating processes
which was devoid of notice of appeal notice of court hearing and at
various times dumped notices to respondents at the APC office. The Hon.
Justice also wondered why notices of court hearing were dumped at APC
office without the order of the court for substituted service.
The court considered that process as an attempt to make the court a slave
in its own rule; it therefore submitted that such matter was foisted in a
nullity.
Speaking at various points on the matter, the Justices of the Supreme
Court of Nigeria led by the presiding Justice of the Supreme Court of
Nigeria, Hon. Justice John Afolabi Fabiyi all voted against the appellant
and they reminded the lead counsel, Chief Mike Ahamba (SAN) that a matter
becomes a justiceable only when its foundation and originating processes
are right.
The apex court wondered how an appellant could plaster so much negative
allegations of misconduct on its listed respondents only to say they are
not relevant in a matter they were considered masterminds.
It therefore upheld the lower court ruling for striking out the matter for
lack of merit as it lacked competence.
It therefore dismissed the matter based on lack or merits and competence
since its foundation already confined the matter a nullity.
Speaking to the newsmen, Imo Deputy Governor, Prince Eze Madumere
described the judgment as victory for democracy and as revalidation of Imo
people’s mandate to Governor Okorocha.
While appreciating the PDP 2015guber candidate for exercising his
constitutional right for approaching the court for whatever he felt
injured his right as a candidate, he called on all and sundry to join
hands towards realizing the Imo State of collective dream.
Meanwhile, most members of PDP and supporters of Hon. Ihedioha who may
have had a premonition of what was to befall them did not put in
appearance in the court.