Hembe Wants Supreme Court to Reserve Self in Sacking Him from National Assembly

Sacked Herman Hembe, who represented Konshisha/Vandekiya Federal Constituency of Benue State, has filled a motion dated July 18 in the Supreme Court, seeking an order of the court to reverse itself in his sack from the House of Representatives .
He is asking the apex court to invalidated the judgement it passed on June 23 this year, which declared his nomination to contest the election by his party, All Progressives Congress (APC), illegal.
The Supreme Court had sacked Hembe and declared Mrs. Dorothy Mato as the authentic candidate of the APC, who won the election.
The court also ordered Hembe to return all the salaries and allowances he has received since 2015 while occupying the seat illegally.
However, in the latest suit, Hembe is asking tthe apex court to reverse its own ruling, describing the judgement as “an accidental slip”
He is also asking the Supreme Court to set aside the consequential orders made against him.
Stating the grounds of his application, Hembe noted that “this Honourable Court (SC) struck out as incompetent, the appellant’s grounds of appeal numbered 1,2,6,9,10 and 11 as well as the appellant’s issues 2 and 3 formulated from those grounds. The court also struck out issue 2 in the 1st respondent’s brief, which had been formulated from the said incompetent grounds. By so doing, this Honourable Court struck out the grounds of appeal that had questioned the decision of the court of appeal not to hear the matter on the merits as well as the two issues that it resolved in favour of the appellant may have given this Honourable Court the jurisdiction to consider the case on its merits under section 22 of the Supreme Court Act.”
He said “in spite of the above, this Honourable Court, in error arising from an accidental slip, proceeded as if the said grounds had not been struck out and determined the matter on the merits and made far reaching consequential orders against the applicant (Hembe) in favour of the appellant/respondent(Mato), when the court had no jurisdiction.
“In error arising from an accidental slip, this Honourable Court granted claim IV in the appellant/respondent’s originating summons, (which was that the primaries conducted by the 2nd respondent on 7th-10th December, 2014 were null and void) and further held that the appellant/respondent was the winner of the voided primaries, when the court had no jurisdiction to do so.
“Also in error arising from an accidental slip, the Court further held that the appellant/respondent was the candidate of the 2nd respondent (APC) at the general election, when the court had no jurisdiction to do so.”
“In error arising from an accidental slip, this Honourable Court ordered the applicant(Hembe) to refund all salaries, allowances, and emoluments the applicant had collected from the House of Representatives, when the court had no jurisdiction to do so.
“This Honourable Court possess the power ex debitio justitiae to set aside the consequential orders made in this matter and substitute therefore an order that meets the justice of the case, which is that the matter be heard on the merits by the trial court.”

Author: News Editor

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