The Supreme Court has declined to consider the application by Independent National Electoral Commission (INEC) seeking a review of the judgment it delivered on January 29, which resolved the protracted leadership crisis that rocked the Anambra State chapter of the Peoples Democratic Party (PDP).
The apex court in a unanimous judgment by a five-man panel of Justices, accorded legal validity to the Hon. Ejike Oguebego-led Executive Committee of the PDP in the state.
Lead verdict
In the lead verdict read by Justice Iyang Okoro, the Supreme Court panel affirmed an earlier judgment that Justice Evoh Chukwu of the Federal High Court in Abuja delivered on December 15, 2014, which directed INEC to recognise the Oguebego-led Exco as the authentic leadership of the PDP in Anambra State.
Though the decision of the apex court settled the leadership dispute, it, however, sparked off a fresh row of controversy, as pressure mounted on INEC to withdraw the Certificates of Return it issued to candidates of the party that did not participate in primary election that was sanctioned by the Oguebego-led Exco, but won their seats.
Prominent among the Senators that were at the risk of vacating their seats at the National Assembly were a former presidential aide, Mr. Andy Uba (Anambra South) and former Minister of Aviation, Princess Stella Odua (Anambra North).
Faced with the controversy, INEC, through its team of lawyers led by Chief Adegboyega Awomolo (SAN) re-approached the Supreme Court, seeking for the review, clarification and consequences of the judgment on the status of the lawmakers currently representing the state on the platform of the PDP.
In its application dated February 8, INEC urged the Supreme Court to give interpretation and clarify on the implication of the January 29 judgment as it relates to Oduah, Ubah and the others.
Application dismissed
Ruling on the matter Wednesday, the apex court dismissed the application, maintaining that its judgment was clear and unambiguous.
It stressed that the issue that was brought before it for determination was specifically about the leadership of the PDP in Anambra State.
Justice Okoro, who gave the ruling, held that the judgment of the court, by its ordinary meaning, does not warrant further clarification.
More so, he noted that what the parties brought before the apex court was the issue of leadership of the party in the state and not the implications or consequences of elections conducted in the state during the last general election.
Justice Okoro held that the issue of whether or not the Certificates of Return earlier issued to the serving lawmakers should be retrieved from them and handed to those that emerged through the Oguebego-led faction of the party, was never part of the issues that was distilled for determination in the substantive suit, as such, the apex court never made any pronouncement to that effect.
The apex court said that going by its Order 8, Rule 16, it could not review its own judgment once delivered, except there is a clerical mistake or slip which in the instant case, never happened.
It said INEC’s application, if acceded to, would amount to rewriting the judgment and giving orders “where nothing has been shown that there was a clerical mistake in the judgment.”
Nevertheless, Justice Okoro said the controversy trailing the status of the lawmakers was unnecessary since their fate was already decided by both the National Assembly Election Petition Tribunal and the Court of Appeal.
He held that since the Court of Appeal was the final arbiter and had made pronouncement, there was no need to invite the Supreme Court to make any clarification on a concluded matter that was not ambiguous.
Furthermore, Justice Okoro said there was no dispute in the claim of the PDP National Exco that it submitted the list of nominated candidates for National Assembly election to INEC, having conducted the primary election in line with the PDP constitution.
He said the same claim was alluded to by INEC that it accepted the list of nominated candidates for National Assembly election from PDP National Secretariat, being the body vested with power to conduct primary election for the nomination.
Lawyers tasked on genuine advice to clients
Justice Okoro therefore advised lawyers especially the senior ones to always give their clients genuine advice, saying they should not turn themselves into slaves for politicians.
Reacting to the ruling, counsel to the Oguebego-led faction, Chief Chris Uchev (SAN), insisted that the decision of the court has cleared the way for his clients to benefit from the judgment the court delivered on January 29.
He said his clients would not relent until the judgment was appropriately executed.
-Vanguard
