Zamfara: PDP Governor To Complete Tenure As Court Strikes Out APC’s Application For Review

The Supreme Court has struck out the application of the All Progressive Congress, (APC) asking the court to review its earlier judgement on the Zamfara Governorship election.

The court had given a consequential order on May 24, 2019, that the next highest candidate in the state be enthroned as governor.

A five-man panel led by Chief Justice of Nigeria, Tanko Muhammad, presided over the review application filed by counsel to the All Progressive Congress, Robert Clerk.

Mike Ozekhome (SAN), represented the 1 to 140 respondents (Kabiru Marafa faction of the APC).

The 141 to 180 respondents were represented by Abdulahi Haruna, Abdulaziz Sani and Adekunle Oladapo.

In a dissenting judgement read out by Justice Inyang Okoro on Friday, the panel agreed with the preliminary objection raised by Ozekhome, that the court lacks jurisdiction to review its own judgement.

He said that Order 8 rule 16 of the Supreme court rules provides that the court shall not review its judgement except to correct clerical mistakes or some errors arising from accidental slip or omission.

“The finality of the judgement is sealed, no one should appeal through the back door, he said citing the case of Emeka Ihedioha.

The judge said, hence, the application by filed by Clerk was a gross abuse of the court and “is vexacious.”

“This application is accordingly dismissed,” he ruled.

The panel also asked the applicant (Roberk Clerk) to pay 2 million naira.

But in a dissenting judgement, Justice Nweze ruled that the Supreme court still has powers to review itself as was done in the past.

“It is better to admit an error than to persevere in error,” he said.

The apex court had nullified all the candidates fielded by the APC in the Zamfara elections, on the grounds that they did not conduct primary election according to law, thereby enthroning the candidate of the Peoples Democratic Party (PDP).

The Abdulaziz Yari and Kabiru Marafa’s factions had been at loggerheads in the state prior to the elections.

Ozekhome had asked the court not to review its judgement on the grounds that a Supreme Court judgement was final.

Clerk had also prayed the court to order a fresh election in Zamfara state, in the interest of justice.