Eric Ikhilae, Abuja
The Supreme Court on Friday dismissed the application by the Abdulaziz Yari faction of the All Progressives Congress (APC) in Zamfara State for a review of its May 24, 2019 judgment in the intra-party dispute in the Zamfara APC.
In a majority ruling on Friday, four members of a five-member panel, led by the Chief Justice of Nigeria (CJN), Justice Ibrahim Muhammad, dismissed the application on the grounds that it was without merit.
The Supreme Court had, in the May 24 judgment, held among others, that the APC did not hold valid primaries preparatory to the 2019 general elections; voided its (the party’s) victory in the actual elections, and made a consequential order, directing the party, other than the APC, with the highest scores in the elections, to claim the victory.
The People’s Democratic Party (PDP) in Zamfara State benefited from the effect of the consequential order, with its candidates taking over all the elective positions in both the Executive and Legislative arms of government in the state.
Justice Inyang Okoro, who read the lead ruling, upheld the preliminary objection raised against the application by lawyer to the 1st to 140th respondents (who are members of the Senator Kabir Marafa faction of the Zamfara APC), to the effect that no law, not even the Constitution, empowers the Supreme Court to change its mind on a decided case.
Justice Okoro was of the view that the Supreme Court is only empowered to hear appeals from the Court of Appeal and not to sit on appeal over its own decision.
He said: “The instant application is asking the court to change its consequential order and to make another one in the applicant’s favour.
“This is what the court’s Rule prohibits. It says the Supreme Court shall not sit on appeal over its judgment.
“There is no doubt that Order 8 Rule 16 of the Rules of this court are clear, unambiguous and beyond per adventure, that this court shall not review any judgment once delivered, save to correct any clerical mistake or some errors arising from any accidental slip or omission or to vary the judgment or order so as to give effect to its meaning.
Justice Okoro referred to past decisions of the court on similar cases, the recent being those in relation to the court’s judgment in Bayelsa and Imo states.
He added that by the provision of Section 285 of the Constitution, “the finality of the judgment of the Supreme Court is sealed.
“No one is allowed to file an appeal through the back door, no matter how the processes are disguised.
“From all I have said so far, it is crystal clear that this court has no jurisdiction to entertain the application of the appellant as the prayers in the motion want seek this court to contravene its rules by substituting a legitimate consequential order, made contemporaneously with the judgment of the court, to suit the desire of the applicant.
“The application is a gross abuse of the process of this court. It is frivolous and indeed, very vexatious.
It violently violates Order 8 Rule 16 of the Rules of this court. The preliminary objection is upheld on the first ground of the objection, and there is no need to consider the other grounds.
“This application is accordingly dismissed.
“I have said it before political parties must obey their constitutions and play by the rules of the game.
“They are all supposed, not only respect the Constitution of the Federal Republic of Nigeria, but also the rules made by the electoral umpire.
“Where any political party fails, refuses and or neglects to follow the rules of the game, the hammer of the court will always fall on them, no matter whose ox is gored.
“It is in the interest of the country and the electoral process that things should be done orderly. Anarchy is nobody’s friend.
“Counsel must be reminded that the Supreme Court of Nigeria is probably the busiest in the world.
“All manner of cases, starting from, even at the Customary and Area Courts, all end up in the Supreme Court.
“Therefore, only serious matters should be brought here and not this type of application. I think a word is enough for the wise.
“Cost in this application is assessed at N2million, to be paid by the applicant to the 1st to 140 respondents only,” Justice Okoro said.
In a dissenting judgment, Justice Centus Nweze held otherwise, insisting that the court ought to have reviewed the judgment by setting aside the consequential order which made the PDP the ultimate beneficiary of the intra-party crisis in the Zamfara APC.
Justice Nweze was of the view that, if the court believes it is not a Father Christmas, it ought not to make the consequential order which was grounded on reliefs not sought and which made a non-party to the litigation the beneficiary.
He was of the view that it was better for the court to admit error and rectify it instead of justifying an error the fails to serve the interest of justice.
Justice Nweze noted that the Supreme Court has reviewed its decision before and should be bold enough to admit where there are errors that ought to be rectified.
He dismissed the objection raised by the respondents, upheld the application and granted the prayers sought.
