GOVERNOR ROCHAS OKOROCHA
BEVERLY HILLS, CA, January 24, (THEWILL) – The Supreme Court on Friday okayed the appeal of Governor Rochas Okorocha of Imo State, upholding his election as governor, as it ruled that the Peoples Democratic Party (PDP) was wrong in litigating an election petition which its candidate, Ikedi Ohakim, had already challenged before an election tribunal.
Delivering a judgment which was unanimously agreed to by six justices of the apex court, Justice Clara Ogunbiyi, faulted the Court of Appeal,Owerri for allowing PDP to be joined in a suit filed by Ifeanyi Ararume, the candidate of the defunct Action Congress of Nigeria(ACN) in the state governorship election.
Justice Ogunbiyi advised PDP and Ohakim to abide by their fate and hope for a better political future instead of attempting to use the back door to have a second chance at their already concluded case.
Justice Ogunbiyi said the subject matter which PDP sought to appeal was the same as that which had been finally determined by the Supreme Court by way of an election petition.
She also held that the issues which the party wanted to raise at the Court of Appeal were post- election matters justiceable only before an election tribunal.
“This is more so especially where the time prescribed by law and mandating him (Ohakim) within which to conduct his case had elapsed; providence expects him to abide by his fate and hope for a better political future,” she said.
Maintaining that the decision of the Appellate Court to join PDP to the suit could result into anarchy Justice Ogunbiyi said the Court of Appeal was aware of the fact that the Supreme Court had decided in finality the legality of the supplementary election held in Imo, after it upheld the decisions of both the Imo State Election Tribunal and the Court of Appeal.
The court held therefore that it was illegal and unconstitutional for a candidate to seek to appeal as an interested party, and praying for a judgment in an election matter after the election in which he was a candidate had held and the time to file petition against same had also lapsed.
“By the provision of section 235 of our constitution, the decision of the Supreme Court is final in gubernatorial election matters.
“The Court of Appeal is, therefore without any stretch of imagination, duty bound by section 287 of the same constitution to give effect to judgments of this court,” Justice Ogunbiyi held.
She also accused the Court of Appeal of trying to cause a breach of section 287(1) of the constitution which enjoined all courts to enforce judgements of the Supreme Court.
“The implication of the lower court having obliged the application are far reaching, very detrimental and damaging for breaching section 235 of the constitution on finality of the judgment of this court,”she said.
In upholding the submission of Okorocha’s lawyer, Chief Adeniyi Akintola (SAN), the court said that the PDP’s proposed grounds of appeal were an indirect way of challenging Okorocha’s election contrary to section 134 of the Electoral Act, 2010 which prescribed the modality of challenging an election petition.
“The Court of Appeal, by granting the leave in the circumstance at hand with the subject matter having been dealt with finally by this court, had overreacted the constitutional finality inherent in the decision of the Supreme Court and thus also breaching section 235 of the Constitution on the finality of the Supreme Court judgment,” Justice Ogunbiyi said.
She also appealed to politicians to be cautious in their desperate bid for power.
“The quest for power and governance should not be without end.
“The courts, particular the apex court, which has the duty to give example to all subordinate courts, should be wary against accommodating situations where litigation subsist without end under the guise of do or die attitude which effect would only make nonsense of our entire judiciary and legal system which has specifically put in place measures to check on the unending lethargy of our political ambition.
“The slogan, there must be an end to litigation, should persistently sound loud and clear in our polity.
“This is a matter of public policy which should not create a societal gangrene,”she advised.
Justice Ogunbiyi therefore upheld Okorocha’s appeal and ordered PDP, Ararume and the Independent National Electoral Commission to pay N100,000 each as cost to Okorocha.
On February 3 , 2012, the Court of Appeal, Owerri Division granted leave to PDP to appeal a judgment delivered by a Federal High Court in Owerri, which had dismissed a suit by Ararume challenging the constitutionality of the supplementary election held in Imo state.
The high court had dismissed the case on the ground that the subject matter of the suit was a post election matter.
Dissatisfied with the judgment of the Federal High Court, Ararume filed an appeal at the Court of Appeal in Owerri.
While Ararume’ s appeal was pending, PDP which sponsored Ohakim brought an application praying the court for leave to appeal, as an interested party, against the judgment of the Federal High Court.
Although, Okorocha vehemently opposed the PDP’s application for leave to appeal, the Court of Appeal allowed PDP’s application and consequently made the PDP a party to the suit.
Not satisfied however, Okorocha proceeded to the Supreme Court arguing, among others that the Court of Appeal was wrong in joining PDP to the suit.
His appeal was on Friday finally upheld by the Supreme Court.
