The Supreme Court on
Wednesday described the request by the All Progressive Congress (APC) to review
its judgment voiding the participation of its candidate in the Bayelsa
governorship election as vexatious, frivolous and an abuse of the court.
It also slammed N60m
fine against the lawyers of the APC, Afe Babalola and Wale Olanipekun.
The apex court,
therefore, held that the suit filed on behalf of the APC, its sacked
governor-elect and deputy governor-elect, Mr David Lyon and Biobarakuma
Degi-Eremienyo lacked merit and accordingly dismissed it.
In the unanimous
ruling delivered by Justice Amina Augie, it came down heavily on the counsel to
the applicants, Chief Afe Babalola and Wole Olanipekun for filing the motions
which the court described as regrettable motions and a deliberate desecration of
the judiciary.
“I feel like
shedding tears that senior counsel in this case would ever bring this kind of
frivolous applications during my life time”, Justice Augie said in an emotion
laden voice.
She also ordered the
lawyers, Chief Afe Babalola, SAN, and Chief Wole Olanipekun, SAN, to pay the
sum of N10 million to each of the three respondents as fine.
The beneficiary
respondents are the Peoples Democratic Party, PDP, Governor, Duoye Diri and his
deputy, Senator Lawrence Ewhujapkor.
In the ruling that
lasted about 30 minutes, Justice Augie held that by Order 8, Rule 16 of the
Supreme Court, the court has no powers or authority to review any judgment
delivered on merit safe for clerical error.
“This court is not
authorised and indeed lacked jurisdiction to review any judgment delivered on
merit, moreso when the applicants have not pointed out any accidental error or
slip in the judgment. There must be an end to every litigation.
“This is final court
and its decisions are final for all ages so as to ensure certainty in law.
“The two
applications brought before us today lacked merit and constituted abuse of this
court and they are liable to dismissal and are hereby dismissed”, the court
held.
Justice Augie said
the fine is to be personally paid by the lawyers.
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