The Federal High Court sitting in Abuja on Thursday ruled that it is a sacrilege and taboo to reopen the suit on the People’s Democratic Party’s 2011 primaries in Imo West Senatorial District between Chief Hope Uzodinma and Osita Izunaso, which had been settled by the Supreme Court. Izunaso had filed the suit last year after the Supreme Court declared Senator Hope Uzodinma as candidate of the People’s Democratic Party (PDP) and winner of the 9th April 2011 election.
Ruling on Uzodinma’s preliminary objection, Justice Adamu Bello assured that he had considered the processes filed in court by the parties. “I have no doubt in my mind that the subject matter has traversed the three courts, that is the Federal High Court, the Court of Appeal and it has been decided by the Supreme Court,” he said. “The relief sought by the plaintiff is no doubt to declare the decision of the Supreme Court a nullity, which will amount to anarchy.
It is sacrilege, taboo, for this court to set aside the decision of the Supreme Court.” He urged the senior lawyers representing the parties in the suit to abide by ethics of the legal profession and resist the temptations by the political class to drag the judiciary into disrepute.
“This court has no jurisdiction to adjudicate on the suit and I dismiss it in its entirety,” he said. In a unanimous judgment in 2011, the apex court had set aside the judgment of the Federal High Court, Abuja and the Court of Appeal, which had declared Senator Osita Izunaso as candidate of the party for the senatorial seat. It further held that Uzodinma was the authentic candidate of the PDP who won the general election in Imo West Senatorial District.
But, Izunaso maintained that he was the candidate of the PDP on the grounds that Uzodinma was disqualified by the party’s electoral panel headed by Prince Orji Nwafor-Orizu.
On his part, Uzodinma, who was then represented at the apex court by a team of lawyers led by Chief Wole Olanipekun (SAN), had argued that the lower courts failed to consider all the evidence at their disposal before arriving at their judgment.
The arguments of Olanipekun was collaborated by the counsel representing the PDP, Chief Olusola Oke, agreed that Uzodinma was the authentic candidate of the party and not Izunaso.
