The supreme court has dismissed an application by the All Progressive Congress (APC) seeking a review of the judgment which disqualified the governorship and all other candidates of the party in the Zamfara 2019 elections.
Inyang Okoro, who read the decision of the five-man panel of justices, said order eight rule 16 prohibits the court from reviewing its own decision.
“The supreme court has no jurisdiction to sit over the appeal of its decision. The finality of the judgment of the supreme court is sealed,” he said.
“This application is a gross abuse of the process of this court. It violates the rules of this court.”
However, Chima Nweze, one of the justices, delivered a dissenting judgment.
Nweze said: “I take the view that the court should allow the review of the consequential order.”
”This court has the powers to overrule itself when in error. I hereby enter an order setting aside the consequential order.”
Nweze said the consequential order was made in error because candidates of the PDP in the 2019 general election held in the state were not parties to the appeal and ought not have benefited.
“The consequential order complained against by the applicant has no bearing with the appeal brought by the APC and is hereby set aside, having been made in error”, he said.
A fine of N2 million was imposed on Abdulaziz Yari’s faction of the APC to be paid to Kabiru Marafa faction in the appeal (1st to 140th respondents).
The apex court in May 2019 nullified the victory of all APC candidates in the 2019 general election in Zamfara on the grounds that the party did not conduct valid primary elections in the build-up to the elections.
Owing to the consequential order of the court directing that “candidate other than the first appellant with the highest vote stand elected”, candidates of the PDP were declared winner.
Yari, a former governor of the state, led a faction of the APC to file the application for review.
Nweze is the same judge who delivered a dissenting ruling in the application filed by Emeka Ihedioha.