The Supreme Court has fixed tomorrow, (February 18) to hear the application by the former Imo State governor, Hon. Emeka Ihedioha, challenging the judgement that sacked and replaced him with Sen. Hope Uzodinma.
The apex Court had delivered judgement on the same case on January 14, but the judgment has been described by analysts as containing mathematical errors that cannot be ignored.
This promotes Ihedioha’s legal team to file an application before the court asking it to set aside the judgment based on five identifiable gounds monger which were noticeable mathematical miscalculation, and reliance on fraudulent evidence.
A message was circulated ostensibly from the office of the Chief Registrar of the Supreme Court on Saturday, announcing the hearing date.
But one of the lawyers representing Governor Uzodinma, Festus Jombo, said although he heard about the new date, the office has not been served the hearing notice.
On their part, Hon. Ihedioha’s legal team confirmed the receipt of the message and readiness to argue their position at the apex court.
The Director of Information of the Supreme Court, Dr. Festus Akande, confirmed the date for the case.
Ihedioha in the application dated February 5, and brought through his counsel and former Attorney-General of the Federation and Minister of Justice (AGF), Mr. Kanu Agabi (SAN), is praying the apex court to set aside the judgement.
Ihedioha and the People’s Democratic Party (PDP) listed five grounds which they said the apex court failed to consider in arriving at its decision to nullify the March 9, 2019 election and declare Uzodinmma winner of the election, after he presented allegedly excluded results from 388 polling units.
The fresh application is brought under Section 6(6) of the Nigerian Constitution 1999 and Section 22 of the Supreme Court Act, 2004.
A seven-member justices had unanimously ruled that Uzodinma, who is of the All Progressives Congress (APC), proved his allegation of unlawful exclusion of results in 388 polling units where he scored 213,695 votes.
The lead judgment read by Justice Kudirat Kekere-Ekun, held that the Court of Appeal was wrong to have ruled that the PW54, a Deputy Commissioner of Police (DCP) , who produced the results, was not the proper person to tender same as he was not at the polling units, neither was he an official at the election.
Ihedioha of the PDP had polled 273,404 votes for the election in 27 local government areas of the state; Action Alliance candidate, Uche Nwosu, polled 190,364 votes and APGA’s Ifeanyi Ararume polled 114,676 votes.
With the addition of the excluded votes, Uzodinma’s votes now rose to 310,153
