Nseobong Okon-Ekong writes that Mr. Enema Ihedioha may not have succeeded in persuading a majority of the Supreme Court judges to reverse the judgement which sacked him as Governor of Imo State, but he was able to test the provisions of the law to its limit, thereby opening a vista of hope for future litigants under similar circumstance
The fact that there was a dissenting voice among the seven justices of the Supreme Court, railed the judgment into a split decision, with six judges deciding against Ihedioha’s request. Justice Olukayode Ariwoola, on behalf of the majority justices, said the court lacks jurisdiction to review its decision in the case.
It was also the considered opinion of Justice Nweze that the notion of the finality of the Supreme Court and legal certainty does not and cannot extinguish the inherent jurisdiction of the court to redeem itself. “By the provisions of the rules of the court, it shall not review any judgment delivered by it safe for any accidental slip or clerical errors.“The court has no inherent power to exercise its power over matter which its lacks jurisdiction“Once the court delivers its judgment it becomes funtus officio.
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