The Supreme Court on Wednesday ruled that Senator Stella Oduah and two others were validly elected on the platform of the Peoples Democratic Party (PDP), hence they were to retain their seats as Senators of the Federal Republic of Nigeria.
In a press statement by the Chief Press Secretary to Oduah, Cynthia Ferdinand, the Court averred that it lacked jurisdiction to review itself on judgement previously given which was a rule that has been established.
“It is a rule that has long been established in legal jurisprudence that Supreme Court does not reverse it’s judgement or decision on a case brought before it”, the Supreme Court Justice said.
He added, “The judgement of this Court is final as reflected in the 1999 Constitution of the Federal Republic of Nigeria as amended. On the whole. I hold the view that this court has no jurisdiction to entertain this motion from INEC, this matter is hereby stuck out.”
The Independent National Electoral Commission, INEC had filed a case to the Supreme Court seeking clarification on its ruling on the 29th of January 2016 that reinstated Mr. Ejike Oguebego as the Chiarman of the Peoples Democratic Party, Anambra State Chapter.
Justice John Okoro said the issue of primaries was not included in the appeal that came before it even as it was still pending at the High Court, before primaries were held.
He pointed that the Supreme Court had ruled severally that only the National Executive of a party can forward a list to INEC, and since INEC said it was the National Executive that did that, and not the caretaker committee, then there was no contest.
“The issue of Primaries were still pending at the Federal High Court and it is only the National Executive Committee of a party that could forward a list of candidates to INEC on points of law, and since INEC had admitted to that, there was no contest any further,” he said
Okoro said: “A High Court had ruled on the issue, but was overturned by an Appeal Court and we only set aside the judgement of the Appeal Court based on merit and restored the judgement of the High Court.”
”Since the Counsel to the INEC, Chief Awomolo could not convince the court that it had jurisdiction to uphold appellant’s interest, it was baffling that INEC would claim ignorance of the previous judgement.”