Supreme Court throws out Uba’s suit against Obi

Lanre Adewole, Abuja - 30.01.2008

THE Supreme Court on Tuesday dismissed applications brought by the Independent National Electoral Commission (INEC), former Special Adviser to Chief Olusegun Obasanjo, Dr. Andy Uba and the governorship candidate of the Nigeria Advance Party, Mr. Ifeanyichukwu Okonkwo, seeking to unseat Governor Peter Obi of Anambra State.

Uba was sent packing as the state governor by the court to allow Obi complete his tenure. The worst hit in Tuesday's judgment was Okonkwo, who was condemned by the justices who sat on the matter, with the politician escaping jail only narrowly.

He had earlier accused Obi of trying to bribe him to drop the case against him and when it came into the open that he actually collected money from Obi's lawyer, he was tongue-lashed.

Okonkwo asked the court to set aside its earlier judgment reinstating Obi, claiming that the appeal brought by the governor against Uba that led to the judgment was defective, because his name was not listed as a party, though he was a party at the trial court.

He claimed in his application that he was given N10 million by counsel for Obi, Onyechi Ikeazor, so that he would keep quiet on an error he detected at the court of appeal.

The apex court justices threatened to send him to jail when he admitted in the court that he collected the money, which, according to him, was for the withdrawal of his processes.

Before he could finish presenting his case, one of the justices, Justice George Oguntade, told him that he approached the court to set aside its judgment after he collected N10 million from his opponent.

Oguntade lashed out at the applicant, “we want to maintain the highest standard in this court: You accepted money and when you were not paid in full, you turned to this court to say that we should set aside our judgment.

“You are one of those who go about exploiting politicians and making the country ungovernable. You are a most irresponsible citizen of this country.

“You want to use this suit to blackmail. You are a common crook. I think little of you. You will be lucky if you go back home without being arrested.”

Another justice on the panel, Justice Mahmud Mohammed, took off from where Oguntade stopped, describing Okonkwo as an animal who was not fit to be living in an environment of decent people.

“You are not fit to be in the company of decent people. You are an animal who is supposed to be living in the jungle. I will jail you if I were alone.”

Obi, through his counsel, filed a preliminary objection to the application. In the objection, Obi said the court could not set aside its judgment because it was the final court in the land.

Ikeazor argued that the court did not have the jurisdiction to review its judgment, adding that the argument that he (Okonkwo) was not given fair hearing, which gave rise to the application, could not stand.

Counsel for INEC, also an applicant, Mr. Kanu Agabi (SAN), said that the judgment of the Court of Appeal which formed the basis of the case at the Supreme Court could not stand because parties in that appeal were not properly constituted.

He urged the court to dismiss Obi's objection. Justice Aloysius Katsina-Alu who led other six justices of the court tongue-lashed Okonkwo before delivering his ruling against him.

“I think nothing of you. From where did you derive the courage to approbate and reprobate? Every election, you contest and lose and then go to court and expect to be paid. We only allowed you to talk out of respect for you.”

In his ruling, Justice Katsina Alu held, “This court had given a final judgment in this case. The jurisdiction to interfere with the judgment falls within a narrow compass.

“The argument that we should allow the application to be argued on their merit will amount to a wild goose chase. The jurisdiction of this court cannot be invoked. I accordingly strike out this application.”

A few minutes after the judgment was delivered, Uba, speaking through his counsel, Jonathan Aghime (SAN), said the last had not been heard about the case.