The Supreme Court based its judgment in the above case, solely on the evidence of PW54 DCP Rabiu Hussain.
From the C.TC. of the proceedings of the Tribunal on 31July, 2019 DCP RABIU HUSSAIN testified in the Tribunal as follows:
“In Exhibit NNN1 to NNN18, (subpoena) I was asked to produce 388 Forms EC8As retrieved by the Police Officers. I have some of the FORMS. I don’t have 388 FORMS. The total number I brought is 368 and I cannot lay my hands on 20 FORMS”.
OUR COMMENT:
The record of Court only showed that 366 FORMS EC8As (not 368 and definitely not 388) were admitted in evidence and marked as Exhibits PPP1 to PPP366. These conflicting figures of 366, 368, or 388 Forms make his evidence completely unreliable.
DCP RABIU HUSSAINI CONTINUED:
“I didn’t tabulate the scores in Exhibit PPP1 to PPP166(366?).
I didn’t observe the entries in any of them.
I didn’t go through Exhibits PPP1 to PPP166(366) because Police are not interested in the scores of the parties”.
“I am surprised that the number of forms I tendered are not up to the number I told the Hon. Tribunal”.
“I cannot know whether there are mutilations or tampering in Exhibit PPP1 to PPP366.”
OUR ANALYSIS

The above evidence of PW54, the Deputy Commissioner of Police, did not say what each candidate scored or the figures.

PW54 did not give evidence with regards to 388 polling units. PW54 did not tender results from 388 polling units.

PW54 stated in his testimony that he did not know the contents of Exhibits PPP1 to PPP366, or PPP1 to PPP388 or any of the forms whatever the number.

PW54 did not testify that results from 366, or 368 or 388 polling units were excluded.

QUESTION?

If, from the Certified True Copy of the evidence/testimony of PW54 which the Supreme Court relied upon to give its final judgment, there is no evidence of the votes scored in Exhibits PPP1 to PPP366, or PPP1 to 368 or 388 where did the Supreme Court get the 213,695 votes it added to the scores of Hope Uzodinma?. And from where did the Supreme Court get the evidence that results from 388 polling units were excluded when PW54 testified that he brought only 366 or 368 FORMS EC8As. Since 366 and not 388 FORMS were eventually found to be tendered by DCP Rabiu Hussaini, where did the Supreme Court get the 213,695 votes it added to Hope Uzodinma?. Or did Supreme Court merely copy tge pleadings of Hope Uzodinma and regarded it as evidence? It is trite Law that averment in pleadings or Address of Counsel cannot take the place of evidence?

From the 20 or 22 EC8As forms PW54 admitted that he omitted to tender at the Tribunal from the 388 he was subpoenered to produce, how many votes did it contain for each candidate? What is the spread? These are questions the Supreme Court must answer, since their judgment did not cover these issues and contain unbelievable gaps.

It is obvious that the Supreme Court relied only on the submission of Hope Uzodinma without any reference to the records of proceedings of the Tribunal/Court of Appeal or otherwise, it would have realised that even though Hope Uzodinma claimed 388 polling units, he only dumped 366 discredited polling units results through the Police, yet the Supreme Court unilaterally credited him with figures from the 388 units which figures did not remove the 20 or even 22 polling units that were in fact not tendered before the tribunal .

The Supreme Court judgement was erroneously premised on 388 polling units results when indeed only 366 polling units’ results were admitted in the Tribunal before being expunged on very solid grounds by both the Tribunal and the Court of Appeal. We may never know the impact the exclusion of the results from the 20 or 22 units by the Supreme Court based on its own perverse findings could have had on the scores of each candidate.

Our Submission

It is our candid submission that the Supreme Court is left with no other option than to review and reverse this anomaly, even if it means applying a Judicial Doctrine of Necessity (borrowing from the intervention of the National Assembly, when Nigeria was in a big fix). The confidence of Nigerians in the Judiciary is at the lowest and we believe that the Supreme Court can help to restore it and save the future of the future of elections. This is the time to apply what the Supreme Court in Federal Republic of Nigeria V. MKO Abiola (1995) 7 NWLR, said:

“Justice must be rooted in confidence and confidence is destroyed when right-minded people go away thinking: The Judge is biased.”

By
Coalition in Defence of Nigerian Democracy and Constitution (CDNDC)
Convener, Ariyo-Dare Atoye
aristotle001us@yahoo.com

Total rubbish

The SC judgment is a cabalistic signature of a fulanization and islamization batch by batch script actualization.
No time for dialogue it won't work,it will be time buying,its just time to act,NOW is such time.
Btw
Learn how to drive,call or WhatsApp us from contact below.

Ihedioha lawyers failed to dispute the figures tendered by APC but aligned themselves with INEC lawyer that they have right to council elections at collation centre. Supreme court said election can only be cancelled at polling unit by returning officials hence the moment returning officials certified results, it's only court that has power to cancel it and since figures tendered has never been a subject of contention then it stand.

That Covener Abi Coverter Is Educated Illiterate. How Will Police Tell You The Figures? Are They Inec Or Court? Was The Forms Not Shown To Ihedioha's Lawyers Before It Was Admited In Evidence? Mek Una Carry Una Fraustration Go Sitdown Joor.

The error by the supreme Court is because it is currently being led by a legal illiterate only vast in Sharia,this was evident in his confirmation hearing at the Senate,where he likened technicalities in law to technical ability to fly an airplane,he was a disaster waiting to happen

surgical:
The error by the supreme Court is because it is currently being led by a legal illiterate only vast in Sharia,this was evident in his confirmation hearing at the Senate,where he likened technicalities in law to technical ability to fly an airplane,he was a disaster waiting to happen

He was simply using airplanes as an analogy to explain legal technicalities.tell us any legal error inherent in that landmark judgment

garfield1:
Total rubbish

How?
Counter with facts na. Thought you only deal with facts

muykem:
Ihedioha lawyers failed to dispute the figures tendered by APC but aligned themselves with INEC lawyer that they have right to council elections at collation centre. Supreme court said election can only be cancelled at polling unit by returning officials hence the moment returning officials certified results, it's only court that has power to cancel it and since figures tendered has never been a subject of contention then it stand.

Don't you think something is wrong with our supreme court if they relied on a technicality AGAIN instead of the facts. If the exhibit tendered 366 instead of 388, how can it be justified by the fact that ihedioha's lawyers did not object. The evidence itself is defective then. And I don't know how a defective evidence can become a basis for court judgement.

Agboriotejoye:

Don't you think something is wrong with our supreme court if they relied on a technicality AGAIN instead of the facts. If the exhibit tendered 366 instead of 388, how can it be justified by the fact that ihedioha's lawyers did not object. The evidence itself is defective then. And I don't know how a defective evidence can become a basis for court judgement.

How can it be defective? It can only be defective if it was more than 388.the 366 present were still enough to crown a winner.there is no technicality here
Instead,the opposition relied on technicalities.the failure of the respondents to object was fatal to their case since the petitioners discharged the burden of proof.it now shifted to the respondents to rebute it which they failed to

garfield1:

How can it be defective? It can only be defective if it was more than 388.the 366 present were still enough to crown a winner.there is no technicality here
Instead,the opposition relied on technicalities.the failure of the respondents to object was fatal to their case since the petitioners discharged the burden of proof.it now shifted to the respondents to rebute it which they failed to

Based on what theory? If you claim to have 388 documents and your pw produces only 366, how is dat not defective? How do you prove a case with an unknown number? How are we sure the numbers in the 366 make up the total votes he needs to win? How are we sure, the "missing" twenty are not the ones with his biggest margin.

[s]

garfield1:
Total rubbish

[/s]You called it rubbish because it exposed the black market judgement delivered by the Apc controlled Supreme Court. Not to worry the tide will soon change.

mtchew! were ihedioha's counsels mere spectators at the supreme court? don't disturb us with your wahala jare!

Una never tire of lamenting?

Abeg this Uzodima and Ihedeoha matter is stale already, even the Imo people have moved forward and have approved their new governor, 9 out of the 13 house members already defected to APC and many pdp politicians in Imo have decamped to APC, let this matter rest.

danot1030:
Una never tire of lamenting?

Abeg this Uzodima and Ihedeoha matter is stale already, even the Imo people have moved forward and have approved their new governor, 9 out of the 13 house members already defected to APC and many pdp politicians in Imo have decamped to APC, let this matter rest.

This your mentality of allowing injustices be bygons is the problem with many Nigerians.

You don't speak out when others are being victimized, until you become the victim. Then you regret being a Nigerian.

Agboriotejoye:

Based on what theory? If you claim to have 388 documents and your pw produces only 366, how is dat not defective? How do you prove a case with an unknown number? How are we sure the numbers in the 366 make up the total votes he needs to win? How are we sure, the "missing" twenty are not the ones with his biggest margin.

He has his own 388 copies already,if the police misplaced their copies,its their business and it is not fatal to his case afterall the margin is enough to give him victory.

Listen,stop beating a dead horse.uzodinma is very intelligent,all these is headwork.he planned it before the elections,targeted those specific units and took advantage of loopholes in the electoral laws.he really studied supreme court rulings over the years and knew how to sidestep them.its that simple

But a quick question though:

Does anyone ever wonder why Buhari used the CJN to award Imo state to Hope(APC) despite the alarming damage that this single act has created in our democracy and electoral process?

The answer is simple. Buhari will never relinquish power to a south-westerner in 2023. His covert plan for a third term (through that failed social media regulation bill) has been squashed, therefore his Plan B now is to use the South East to retain power in the north in 2023.

He believes the igbos will gladly accept a vice presidential slot under a new northern presidential candidate that is why he needed to secure a state for APC in the South East at all cost.

But with this action, Buhari has just placed the final nail on the coffin of Nigeria's fourth republic and if Tinubu were to be really as smart(if not only cunny) as the South Westerners says he is, he ought to have seen the mene-teke-farsi on the wall by now.

It's 60 years since Nigeria gained independence, out of that 60, the North has been in power for over 40. How do you think they've been able to pull it off?

Divide and rule! They know how to create enmity between the Southerners (mainly yorubas and igbos) and then pick the side that bests suits their quest to retain power at all costs. The yorubas always boast of their education but truth is when it comes to political smartness, they are learners in the face of the North.

Besides, this judicial disgrace that the justice Tanko led Supreme Court just did in order to give Imo to APC at all costs is going to haunt Nigeria's fourth republic till it crumbles. INEC electoral results (democracy) will no longer determine who gets elected into office. All APC needs do is to simply print fake copies of electoral materials, take it to court, and their lawyer will quote this Imo judgment by the Supreme Court as a past judicial reference for why the fake copies must be accepted as valid proofs. The judge will have no option.

I keep repeating that the country called Nigeria is not feasible. Secession is inevitable. Igbos and yorubas can't mix.

The northerners can retain the name of Nigeria
Southwest is Oduduwa Republic
Southsouth is Republic of Niger Delta (Rondel)
South East is Biafra.

This is the only way forward.