The Supreme Court rejected a request for revision of the sentence that dismissed the candidate for governor of the All Progressives Congress (APC) in Bayelsa State, David Lyon and his deputy, Senator Biobarakuma Degi-Eremienyo.
On February 13, Lyon was dismissed by the apex court, on the grounds that his replacement had sent counterfeit certificates to INEC.
The court ruled that Degi-Eremienyo’s disqualification had affected the joint entry with which he and the government candidate, Lyon, competed and won on 16 November 2019.
In Wednesday’s lawsuit, Lyon and APC in their requests argued by Afe Babalola and Wole Olanipekun asked the court to review and overturn the sentence that annulled their participation in the November 16 elections.
Mr. Babalola also added that the Supreme Court has inherent powers to overturn its own decision because the judgment was null and void due to the denial of its client’s fair hearing.
Meanwhile, Olanipekun, for his part, argued that the summit made a mistake in law in invoking section 36 of the Electoral Law to disqualify APC’s participation in the election when the Supreme Court judgment that was restored by the Supreme Court did not disqualify the decision party eligibility.
However, the counsel for the People’s Democratic Party (PDP), Tayo Oyetibo, informed the apex court that the request by APC and its candidate for government was a dangerous invitation to the Supreme Court so as to violate section 285 of the 1999 constitution, so that the court can sit on appeal on own matter.
He further stated that the court disqualified Lyon as governor-elect because section 187 of the 1999 constitution is clear and unambiguous in the sense that a candidate for governor who has no vice-candidate is not qualified to contest any governorship election in Nigeria.
After receiving arguments from the parties involved, Judge Amina Augie, who read the trial, said that the request was without merit and that the court’s decisions are final.
She added that the candidates did not point out any errors, saying the trial was final for all ages.
The summit judge said the trial is final in the “real sense” and that no court in the world can review the trial.
“There must be an end to the litigation, even if we review that sentence, every dissatisfied litigator will bring similar requests and the finalization of Supreme Court sentences will be forfeited.”
She added that the requests are frivolous and vexatious and granted the cost of N10 million against candidates to be paid in person by their lawyers.
Judge Augie added that the APC and Lyon councils must pay Governor Douye Diri, MP Lawrence Ewhrudjakpo and the PDP the same N10 million.