a) By Exhibit A1 (Form EC8D) the total number of voters accredited for the Governorship Election held on 9th March 2019 in Imo State was 823,743,while the total valid votes cast was 731,485. Note that the Petitioner did not plead or lead evidence of a different accreditation figure from the 388 disputed polling units.
b) With the inclusion of 213,695 votes for Hope Uzodinma and 1,903 to the votes of Emeka Ihedioha, as ordered by the Supreme Court, the total number of votes cast at the election now stands at 953,083 (i.e. 731,485 + 213,695 + 1,903) making the total number of votes cast at the election to be far in excess of the total number of voters accredited for the election, 129,340.
c) It is unlawful for the total number of votes cast in an election to exceed the number of accredited voters and that illegality rendered the judgment sought to be set aside null and void.
6. a. The present application is seeking to set aside the judgment in Appeal Nos. SC. 1462/2019 and SC.1470/2019 on the basis that even though the appeals where concluded within the 60 days period stipulated by Constitution, the entire proceeding was vitiated by jurisdictional vires which renders same a nullity. Time does not run against nullities.
b. Consequently, the present application is not subject to the 60 days limitation period in section 285(7) of the Constitution because an application to set aside a null judgment or order is not circumscribed by statutes of limitation, and section 285 (7) of the Constitution is, to all intents and purposes, a statute of limitation.
Me:
Am waiting to see how the Supreme Court will neglect this sound legal argument!
We await their response on Tuesday during the review.
(BESTMAN ERUBA)