The All Progressive Congress (APC) has filed an application
before the supreme court, seeking reversal of the judgment which sacked David
Lyon as winner of the Bayelsa governorship election.
Exactly a week ago, the apex court affirmed the verdict of a
federal high court which disqualified Biobarakuma Degi-Eremienyo, Lyon’s
running mate, for submitting forged credentials to the Independent National
Electoral Commission (INEC).
The supreme court held that the action of Degi-Eremienyo
affected Lyon because both of them ran on a joint ticket.
However, in the application filed by Wole Olanipekun and
Lateef Fagbemi, counsels to the APC, the party submitted that the apex court
misinterpreted the judgment of the federal high court and disqualified Lyon
erroneously.
The party argued that although the November 12, 2019,
judgment of the trial court found Degi-Eremienyo guilty of submitting forged
certificates, Inyang Ekwo, a judge, refused to grant the prayers of the PDP
which asked for Lyon’s disqualification.
“After reinstating the judgment of the trial court in the
judgment of this honourobie court of the 13th February, 2020, in SC.1/2020
Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo &
3 ors., this honourable court proceeded to disqualify the governorship
candidate of the applicant (Lyon David Pereworimin) despite the fact that the
trial High Court refused to grant the reliefs for his disqualification and
there was no appeal against same,” the APC said
“In this honourable court’s judgment of 13th February, 2020,
the court erroneously and inadvertently stated that the trial High Court
consequentially disqualified the applicant‘s governorship candidate even though
the trial court made no such order and when the trial court indeed refused to
grant the express orders sought by the plaintiffs therein for his disqualification.”
The APC added that they obtained a stay of execution against
the judgment of the federal high court to enable the candidates partake in the
November 16 election.
They argued that the opposition party (PDP) never filed a
cross appeal at any point against the decision of the high court refusing to
make an order disqualifying Lyon.
APC also prayed the court to set aside the order which
directed INEC to withdraw Lyon’s certificate of return.
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