In a judgement on Friday, following an application by the INEC, the court said its previous judgement which was based on the consent of parties cannot be viewed as a final judgement on the matter.
According to the judge, John Tsoho, the judgement which was strongly relied upon by Okonkwo’s lawyer cannot be regarded as a final judgment on the matter.
“It must be realised that the judgement entered in this court is a consent judgement. It is not one on merit, therefore the court has jurisdiction to revisit it. It cannot be regarded as a final judgment”.
Tsoho held that the actions of the respondent counsel in the suit, namely the PDP, which resulted in the December judgement was questionable given the Appeal Court judgement which ordered a re-election without the inclusion of the party.
“It is enough ground to set aside the decision,” Tsoho said.
Friday’s ruling means there is no legal stumbling block barring INEC from conducting Saturday’s election for the senatorial district.
Following the court ruling on Friday, Anambra Central was said to have erupted in jubilation. Umeh’s supporters who are said to have looked forward to Saturday’s election went to town to celebrate him as their senator.
Analysts say the election will more or less be a coronation of Umeh since he is the only candidate with name recognition.