The Supreme Court has fined a Senior Advocate of Nigeria (SAN), Prof. Mike Ozekhome, N40 million for filing what it viewed as a ‘frivolous and vexatious motion’.
Counsel to the candidate of of the Peoples Democratic Party (PDP) in the 2019 Imo State governorship election, Hon. Emeka Ihedioha, the senior lawyer had filed the motion concerning the poll.
The Independent National Electoral Commission (INEC) declared Ihedioha winner of the election and was sworn in on 29th May 2019. But the Supreme Court voided his victory on 15th January 2020 and pronounced Senator Hope Uzodimma of the All Progressives Congress (APC) as the winner of the election.
On Tuesday, the Supreme Court dismissed Iheodioha’s application seeking to remove Uzodimma from office as governor.
The applicant prayed the court to give a consequential order to INEC to issue a certificate of return to Ihedioha as the validly elected governor of state in the 2019 election.
Reading the lead judgement on Tuesday, Justice Tijjani Abubakar held that the application lacked merit, and was frivolous and vexatious.
He said the court lacked jurisdiction to determine the matter, adding that the 60 days stipulated to hear the election matter had since elapsed.
Abubakar subsequently fined Ozekhome N40 million, to be paid to the four respondents he dragged before the court.
Those to be paid are the Action Peoples Party, Uche Nnadi, Uche Nwosu and INEC.
The SAN had asked the court for a consequential order to compel INEC to issue a fresh certificate of return to Ihedioha to enable him to spend a four-year tenure as the Imo State governor.
Ozekhome’s motion claimed that APC had no candidate in the 2019 election, hence Uzodimma ought not to have been made governor on the platform of APC.
