S/ Court dismisses request to overrule its judgment, affirms Bauchi gov’s election

December 19th, 2018

By Ameh Ejekwonyilo

The Supreme Court has dismissed a motion aimed at overruling its judgment that affirmed Gov. Mohammed Abubakar of Bauchi as All Progressive Congress (APC) Governorship Candidate in the 2015 election.

The apex court in July 24 set aside the decision of the Court of Appeal, Jos, which returned Comrade Mohammed Tanko as the authentic candidate of the party to contest in the election.

Tanko had contended that he was elected by consensus after the December 2014 party’s primary was marred by controversies, adding that the party “surreptitiously’’ transmitted the governor’s name to INEC to contest the poll.

Justice Bode Rodes-Vivor, leading four other justices held that the applicant could not convince the panel to upturn its judgment.

Vivour said the Country’s Constitution had bestowed the Supreme Court with power as the final court, adding that it was difficult for the court to overrule its.

“We are also humans, we can make mistakes as we perform our functions, we can be permitted if such errors are not strong enough to cause harm to the merit of an appeal’’, he said.

According to him, no party is expected to file an appeal challenging the judgment of the court.

In the circumstance, the court compelled the applicant’s Counsel, Mr H.N Nwoye to withdraw the process forthwith.

Nwoye had urged the court to revisit its judgment as according to him, the court had relied on an abandoned notice of appeal to arrive at its decision.

He averred that the court’s verdict was predicated on a notice of appeal that was filed on Sept. 14, which was duly abandoned by the governor.

He submitted that the prayers in that document were different from the notice of appeal dated Nov. 29, which the governor’s Counsel, Mr Ahmed Raji (SAN) had argued and relied on.
Nwoye said it was on the strength of the error discovered that had necessitated the action for the court to revisit the matter.

NAN reports that the panel agreed Raji’s submission that the court’s judgment was based on the Nov.29, notice of appeal and not that of Sept.14 as argued by Nwoye.

Raji had argued that the court merely mentioned the first notice of appeal and never relied on it for its judgmental.

Speaking to newsmen after the session, Raji disclosed that his client was willing to dialogue with Tanko in the spirit of togetherness, adding that the party must be made strong going into the forthcoming elections.

“APC is a large family and can resolve its differences amicably’’, Raji said.

However, Tanko said he was committed to the peace, adding that only justice could assuage his present state.
According to him, the decision of the court is a rape on justice.

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