The Supreme Court has declined to review its judgment delivered on January 29, 2016 on the leadership crisis of the Anambra State chapter of the People’s Democratic Party (PDP).
The apex court said that the judgment was clear, as it relates to only the leadership of the PDP in the state.
In a ruling delivered by Justice John Okoro, in an application filed by the Independent National Electoral Commission (INEC), seeking the review, clarification and consequences of the judgment, the Supreme Court held that the judgment by its ordinary meaning did not need to be subjected to any clarification.
Besides, the apex court held that what was brought before it was the issue of leadership of the PDP in Anambra State and not on the implication of the elections that were conducted thereafter.
In the unanimous ruling, Justice Okoro, however, said that the dispute on whether INEC Certificates of Return should be withdrawn from the serving lawmakers and given to the list of candidates of the Oguebego-led faction of the state PDP, was not an issue before the court and that it never made any pronouncement to that effect.
The court also held that Order 8, Rule 16 of the Supreme Court expressly states that the court shall not review its judgment once delivered except there is a clerical mistake or slip which in the instant case never happened.
In the unanimous ruling, Justice Okoro, however, said that the dispute on whether INEC Certificates of Return should be withdrawn from the serving lawmakers and given to the list of candidates of the Oguebego-led faction of the state PDP, was not an issue before the court and that it never made any pronouncement to that effect.
The court also held that Order 8, Rule 16 of the Supreme Court expressly states that the court shall not review its judgment once delivered except there is a clerical mistake or slip which in the instant case never happened.
Justice Okoro held that the action sought will amount to re-writing the judgment and giving order where nothing has been shown that there was a clerical mistake in the apex court’s verdict on the matter.
While reacting to the ruling, INEC’s counsel, Chief Adegboye ga Awomolo, said the decision of the court had resolved the blackmail and confusion that were employed by parties in the suit for their selfish purposes.
On his part, the lead counsel to the Oguebego faction, Chief Chris Uche (SAN), said the ruling had cleared the way for them to benefit from the judgment delivered on January 29, 2016.
The AUTHORITY recalls that PDP in Anambra State had filed a notice of contempt charge against the INEC over the alleged persistent disobedience to the Supreme Court judgement that resolved the leadership of PDP crisis in the state.
The notice of contempt was filed at the Federal High Court in Abuja by the Oguebego leadership which last month secured the Supreme Court’s verdict as the authentic PDP Executive Committee for Anambra State.
In the notice of consequences of disobedience to order of court otherwise known as Form 48, the INEC chiefs were warned that unless they obeyed the court order on the authenticity of the Anambra State Executive Committee led by Oguebego, they will be guilty of contempt of court and will be liable to be committed to prison for two years.
The AUTHORITY recalls that PDP in Anambra State had filed a notice of contempt charge against the INEC over the alleged persistent disobedience to the Supreme Court judgement that resolved the leadership of PDP crisis in the state.
The notice of contempt was filed at the Federal High Court in Abuja by the Oguebego leadership which last month secured the Supreme Court’s verdict as the authentic PDP Executive Committee for Anambra State.
In the notice of consequences of disobedience to order of court otherwise known as Form 48, the INEC chiefs were warned that unless they obeyed the court order on the authenticity of the Anambra State Executive Committee led by Oguebego, they will be guilty of contempt of court and will be liable to be committed to prison for two years.
The listed INEC chiefs on the contempt notice are the INEC Chairman, Prof. Mahmood Yakubu, the commission’s Secretary, Mrs. Augusta Ogakwu and its Director of Legal Services, Mr. Ibrahim K. Bawa (SAN).
The notice dated February 18, 2016 and signed by the Registrar, Federal High Court Registry read in part “unless you obey the directions contained in the order of the Honourable Court attached to this Form (in particular the 5th Order restraining you from acting on list of nominated candidates except those that emanate from Plaintiffs), you will be guilty of Contempt of Court, and you will be liable to be committed to prison.
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