The Supreme Court
will in any moment from now deliver judgment in the application for judgment
review filed by the sacked Bayelsa governor-elect, Mr David Lyon and the All
Progressives Congress (APC).
Lyon and APC in
their applications argued by Chief Afe Babalola SAN and Chief Wole Olanipekun
SAN respectively prayed the court to review and set aside the judgment of
February 13, which voided their participation in the November 16, governorship
election.
However, after
taking legal fireworks from parties in the matter, Justice Sylvester Ngwuta
announced the stand down of the matter, adding that the panel would reconvene
soon for its decision in the matter.
Babalola had in his
submissions said that the Supreme Court has inherent decision and power to set
aside its own decision because the judgment which voided the election of his
client was a nullity on account of denial of fair hearing of his client.
According to him,
the procedure adopted by the apex court on February 13 was wrong because there
was no cause of action at the time the Supreme Court gave judgment against
Lyon.
Olanipekun SAN on
his part, argued that the apex court erred in law when it invoked section 36 of
the Electoral Act to disqualify the APC’s participation in the election when
the Federal High Court judgment restored by the Supreme Court did not
disqualify the party’s eligibility.
He further argued
that the Supreme Court cannot give consequential order on a relief not granted
by a trial court except due to human error.
However, counsel to
the Peoples Democratic Party (PDP), Mr Tayo Oyetibo SAN, informed the apex
court that the application by APC and its governorship candidate were dangerous
invitation to the Supreme Court to violate section 285 of the 1999
constitution, for the court to sit on appeal over its own matter.
Oyetibo argued that
having delivered final judgment in the matter on merit on February 13, the
court has no jurisdiction to sit on appeal in the judgment, adding that it is
scandalous to ask the apex court to review the judgment.
He further stated
that the apex court was right in disqualifying Lyon as the governor-elect
because section 187 of the 1999 constitution is clear and unambiguous to the
effect that a governorship candidate who has no deputy candidate is not
qualified to contest any governorship election in Nigeria.
“When Supreme Court
gives judgment, it is deemed correct. It has never happened in the history of
Supreme Court to reverse itself, its judgment is final and finality. And
whatever Supreme Court says in the interpretation of the law is the law”.
His submissions were
adopted by other respondents in the matter.
Justice Ngwuta who
led a seven man panel, after listening to the submissions of the counsels,
announced that the court would arise and reconvene later.
Details later.
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