The Supreme Court
has dismissed an application for review of the judgment which sacked the
governorship candidate of the All Progressives Congress (APC) in Bayelsa state,
David Lyon and his deputy, Senator Biobarakuma Degi-Eremienyo.
Mr Lyon was sacked
by the apex court on February 13, on grounds that his deputy, submitted forged
certificates to INEC.
The court ruled that
Mr Degi-Eremienyo’s disqualification had affected the joint ticket with which
he and the governorship candidate, Lyon, ran for and won on November 16, 2019.
At the proceeding on
Wednesday, Mr Lyon and APC in their applications argued by Afe Babalola and Mr
Wole Olanipekun asked the court to review and set aside the judgment which
voided their participation in the November 16 governorship election.
Mr Babalola added
that the Supreme Court has inherent powers to set aside its own decision
because the judgment was a nullity on account of denial of fair hearing of his
client.
Meanwhile, Mr
Olanipekun, 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.
However, counsel to
the Peoples Democratic Party (PDP), Tayo Oyetibo, informed the apex court that
the application by APC and its governorship candidate were a 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.
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.
After taking
arguments from parties in the matter, Justice Amina Augie who read the judgment
said the application lacked merit and the decisions of the court are final.
She added that the
applicants failed to point out errors, stating that the judgment is final for
all ages.
The apex court judge
said the judgment is final in the ‘real sense’ and no court on earth can review
the judgment.
“There must be an
end to litigation even if we review this judgment, every disaffected litigant
will bring similar applications and the finality of Supreme Court judgments
will be lost.”
She added that the
applications are frivolous and vexatious, and awarded the cost of N10 million
against the applicants to be personally paid by their counsel.
Justice Augie added
that the counsels of the APC and Mr Lyon are to each pay Governor Douye Diri,
his deputy Mr Lawrence Ewhrudjakpo and the PDP the same N10 million.
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Wow fair to say at least.....light at de end of de tunnel
ReplyDeleteWhaoo! How I wish Nigeria judiciary can continue to demonstrate their constitutional power without favoritism. Maybe the real restructuring can start from there...
ReplyDeleteWhaoo! How I wish Nigeria judiciary can continue to demonstrate their constitutional power without favoritism. Maybe the real restructuring can start from there...
ReplyDelete