The Supreme Court, has fixed Tuesday, February 18, for hearing in the fresh application filed by the erstwhile Governor of Imo State, Emeka Ihedioha, of the Peoples Democratic Party, PDP, challenging the judgement earlier delivered on January 14, by the Apex Court, declaring the Candidate of the All Progressives Congress, APC, Hope Uzodinma, winner of the Governorship election in the State.
A message was circulated announcing the hearing date, but one of the Lawyers representing Governor Hope Uzodinma, Festus Jombo Esq., said that although he heard about the new date, his office has not been served the hearing notice.
The Director of Information of the Supreme Court, Dr. Akande, confirmed the date for the case.
Ihedioha in the application dated February 5, 2020, and brought through his Counsel and former Attorney-General of the Federation and Minister of Justice, Kanu Agabi, SAN, is praying the Apex Court to set aside the judgement.
Ihedioha and the PDP listed five grounds which they said the Apex Court erred in arriving at its decision to nullify the March 9, 2019 election and declare Uzodinma winner of the election, after he presented excluded results from 388 polling units.
The fresh application is brought under Section 6 (6) of the 1999 Constitution (as amended), and Section 22 of the Supreme Court Act, 2004.
A seven-member of Justices had unanimously ruled that Uzodinma, of the APC, proved the allegation of unlawful exclusion of results in 388 polling units of the State, 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, subpoenaed Police Deputy Commissioner, who produced the documents of the results, was not the proper person to tender same, as he was not at the polling units.
Ihedioha of the PDP had polled 273,404 votes, for the election in 27 Local Government Areas of the State; Action Alliance Candidate, AAC, 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.