Imo’s lawyers reflect on the Supreme Court’s ruling on Imo’s status
Website design By BotEap.com“It is the right of every man, in parliament or out of it, in press or broadcast, to make fair comment, even open comment, on matters of public interest. Those who comment may faithfully treat all that is done.” in a court of law.” -Lord Denning in R vs. Metropolitan Police Commissioner, Exparte Blackburn (No. 2) (1968) 2 QB 150.
Website design By BotEap.comIn a unanimous judgment in Lawsuit No: SC 1462/2019 (Senator Hope Uzodinma & Anor vs. Rt Hon. Emeka Ihedioha & 2 Others) delivered on Tuesday, January 14, 2020, a seven-man panel of the Nigerian Supreme Court canceled the election. of the former Governor of Imo State, Emeka Ihedioha, and ordered the immediate swearing-in of Hope Uzodinma as the validly elected Governor of Imo State. In light of Lord Denning’s earlier opinion, the Imo Progressive Lawyers Association (IPLF) has felt it necessary to ask some relevant questions about the High Court ruling that removed Emeka Ihedioha.
Website design By BotEap.comFirst of all, we dare to state that both Ihedioha and Uzodinma are respected sons of NDI IMO. This reflection responds specifically to the controversy generated by the Supreme Court ruling since it was issued. More importantly, it is not lost on us that former Governor Ihedioha has approached the high court for a review of the sentence that removed him. The consequence is that, having submitted the matter to the Supreme Court, it remains subjugation. As lawyers, we are aware that commenting on cases sub justice are generally considered inappropriate. However, we are compelled to ask the following questions after having read the full judgment of the high court.
Website design By BotEap.comBefore delving into the facts of the matter, it is instructive to note that Section 179(2) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) deals with the votes a candidate must obtain in an election for Governor in order to be elected. declared winner. That section provides:
Website design By BotEap.com179 (2): A candidate for election to the office of governor of a state shall be deemed to have been duly elected when there are two or more candidates:
- has the highest number of votes cast in the election; Y
- he has no less than a quarter of all votes cast in each of at least two-thirds of all local government areas in the state.
- The 1st Appellant (Hope Uzodinma) filed a motion challenging the return of the 1st Defendant (Emeka Ihedioha) on two grounds:
- Elections were held in 27 Local Government Areas, 305 constituencies and 3,523 voting units. The Third Defendant (INEC) canceled the election in 252 voting units, collated the results of 2,883 voting units, and excluded the results of 388 voting units. The First Defendant asserted that he obtained 213,695 votes from only the 388 voting units excluded. (See pages 2-3 Judgment of Kekere-Ekun JSC).
- Paragraph 7, a, b, c, d, and f of the Reply of the Third Defendant (INEC) categorically denied the claims of the Appellant’s petition, especially the incorrect calculation of the electoral results as alleged. (See pages 31-32 of the Kekere-Ekun JSC ruling).