The Supreme Court on Wednesday slammed a N1m fined against the sacked member of the House of Representatives from Benue state, Herman Hembe, for filing a motion constituting an abuse of court process.
Hembe had, in a motion filed on July 17, 2017, asked the apex court to refer his case to a lower court for retrial as well as the apex court to review its judgment sacking him from the House of Representatives.
The Supreme Court had, in earlier judgment held that Hembe did not win the All Progressives Congress (APC) orimary to represent Vandikwa/ Konshisha Federal Constituency of Benue at the National Assembly.
Hembe said in his motion that he was not giving fair hearing before the five member panel of Justices of the Supreme Court before giving its judgment, sacking him from the House.
When the matter came up Wednesday, Hembe’s counsel, Paul Erokoro (SAN) while moving the motion was halted by the Chief Justice of Nigeria (CJN), Walter Onnoghen, who presided over the panel.
Onnoghen said what Hembe’s motion intends to achieve is for the court to sit on appeal over its own judgment, which he said is not possible.
According to the CJN, the judgment of the Supreme Court is final.
Getting the hint of the court, Hembe, through his counsel, applied for the withdrawal of the motion.
The court granted the motion and it was accordingly struck out, after a no objection by parties in the matter.
Justice Onnoghen, while ruling in the motion said, “Having been withdrawn, this motion is hereby struck out, with a fine of N1m against the plaintiff, in favour of Dorothy Mato, the 3rd Respondent in the matter.
Recalled that the Supreme Court in an earlier judgment in the appeal over the Representative of Vandikwa/ Konshisha Federal Constituency of Benue, court held that Mato won the party’s ticket and ordered the Independent National Electoral Commission (INEC) to issue her a certificate of return.
In that judgment, Hembe was ordered to return all salaries and benefits collected while in office within 90 days and pay N700,000 to Mato.
APC was also ordered to pay Mato and the court N300,000 each.