[IMO GUBER: SUPREME COURT STOPS OHAKIM] ---------------------------------------------------- The Supreme Court yesterday set aside the judgment of the Court of Appeal Owerri division which granted former Imo State Governor, Ikedi Ohakim leave to challenge the election of Governor Owelle Rochas Anayo Okorocha describing it as an abuse of court process. In a unanimous judgment, the apex court held that the Court of Appeal overreached the constitutional finality inherent in the decision of the Supreme Court in gubernatorial election matters and indeed all matters, civil or criminal under sections 233 and 235 of the 1999 constitution [as amended]. Justice Clara Bola Ogunbiyi who delivered the lead judgment specifically held that the Court of Appeal had also breached the constitutionally mandated duty placed on it to give effect to judgments of the apex court. “Where this court, as in this case, had affirmed the validity of the election in SC. 17/2012 as borne out on the record, it is more the reason why the lower court ought to have warned itself by carefully and dutifully considering the preliminary objection raised against the application before it made the erroneous ruling. “Drastic measure is needful to ensure the authority and dignity of the court which is imbued with the power and duty to prevent action which constitutes abuse of its process.” Describing the actions of Ohakim and his team as a desperate attempt to get justice through the back door, the Supreme Court said it cannot allow him to have a second bite at the cherry after losing out at a previous attempt. ‘The 1st respondent {Ohakim] at the time of application for joinder, was very much aware, also very well with the knowledge of the concluded petition by this court in SC. 17/2012 [supra] on the 2nd march, 2012. He cannot therefore feign ignorance at the time he filed the offending application on the 18th May, 2012, which was a period of over two months when the final seal was put on his case by this court. Citing the authority In Re: Arowolo [1993] 2 NWLR [Pt. 275] 317 at 331, the court held that the principle of law is well settled that a party may be joined as a person interested in a suit very early or midstream depending on when he knew of the proceedings. “In the case before us under consideration however, the 1st respondent as the applicant was very much aware of the concluded suit involving his interest. The saying is apt, that equity aids the vigilant and not the indolent. The 1st respondent, and also his comrades/those in his camp have themselves to blame and must not escape the wrath of the hammer for being in utter abuse of court process. The court further held that Ohakim is estopped from acting or taking further steps by way of fresh appeal in respect of the supplementary governorship election held on May 6, 2011, by reason of the fact that the subject matter had earlier been litigated upon. “In other words, with the 1st respondent having pursued the petition tooth and nail and lost from inception at the trial Tribunal right through the court of Appeal and to this court, he cannot surreptitiously through the back door by reason of the ruling obtained from the lower court, again have a second revisit to his concluded case which had been done and finished with. It is best forgotten. This is more so especially where the time prescribed by law and mandating him within which to conduct his case had elapsed; providence expects him to abide by his fate and hope for a better political future. The apex court descended on the justices of the Court of Appeal when it declared that the court was clearly wrong by raising the hope of resuscitating the belated case adding that the discretion exercised by the lower court in that behalf was certainly not judicial and judicious.
Posted on: Sun, 26 Jan 2014 09:11:23 +0000
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