The Supreme Court on Monday dismissed the cross appeal filed by Governor Peter Mbah of Enugu State against the appeals filed by Hon. Chijioke Edeoga, the gubernatorial candidate of the Labour Party in the 2023 governorship election.
Hon. Edeoga had filled two appeals before the apex court, challenging both the judgment of the Court of Appeal that affirmed the the judgment of the tribunal, as well as against the judgment of the Court of Appeal that allowed the cross appeal filed by Mbah in respect of the four polling units where votes of PDP were cancelled by the Tribunal.
In the main appeal, the Appellants urged the Supreme Court to admit the evidence of the appellants’ subpoenaed witnesses particularly the official witnesses as the provisions of paragraph 4( 5) of the 1st Schedule to Electoral Act 2022 does not apply to such official witnesses and as such their witness statement on oath are not contemplated by law to be filed alongside with the petition.
The Appellants further made distinction between official witnesses and expert witness and further invited the apex court, as a policy court, to overrule it’s decision in Peter Obi v. INEC & ors pursuant to Order 6 Rule 5(4) of the Supreme Court Rules.
The law is well settled that the Supreme Court can and has power to overrule itself in appropriate circumstances which the case at hand is one of such circumstances.
For instance, when the decision was reached per incuriam, and when such a decision has led to results which are unjust or undesirable, or is occasioning miscarriage of justice, or perpetuating injustice.
The Appellants further argued that the provisions of paragraph 4(5) of the 1st Schedule to the Electoral Act 2022, ought not to be interpreted in a manner that will result in absurdity or breach of party’s rights to fair hearing by depriving a party the right to benefit from the evidence of official witnesses who appear in obedience to subpoena issued by a court.
They equally argued that if the Supreme Court maintains the position that every witness statement on oath must accompany a petition, including that of of official witnesses, it would inflict hardship and injustice upon generations to come.
Peter Mbah’s counsel was however to withdraw the cross appeal filed in the Supreme Court and same was dismissed for being frivolous and vexatious.
