Supreme Court Rejects APC, Lyon’s Appeal On Bayelsa Guber Verdict

• Slams N30m fines on Afe Babalola, Wole Olanipekun

BY EDMOND ODOK, ABUJA – For lacking in merit, the Supreme Court has dismissed with cost the appeal filed by the All Progressives Congress (APC) and its candidate, David Lyon, for a review of the judgment on the November 16, 2019 Bayelsa Governorship election.

The apex Court, after listening to legal fireworks from all parties in the matter, had Justice Sylvester Ngwuta standing down matter with the announcement that the panel would reconvene soon to decide on the matter.

Counsels to David Lyon and APC, Chief Afe Babalola (SAN) and Chief Wole Olanipekun (SAN) had in their applications prayed the apex court to review and set aside the judgment of February 13, which voided their participation in the gubernatorial poll.

In his submissions, Babalola noted that the Supreme Court has inherent powers to set aside its decision because the judgment, which voided the election of his client, was a nullity on account of denial of fair hearing.

He argued that the procedure adopted by the apex court on February 13 was defective because there was no cause of action at the time the Supreme Court gave judgment against Lyon and the APC.

On his part, Olanipekun stated that the apex court erred in law when it invoked section 36 of the Electoral Act to disqualify the APC and its participation in the election when the Federal High Court judgment restored by the Supreme Court did not nullify the party’s eligibility.

According to him, the Supreme Court cannot give consequential order on a relief not granted by a trial court except when there is obvious human error.

But in his submissions, counsel to the Peoples Democratic Party (PDP), Mr Tayo Oyetibo (SAN), argued 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 said having delivered final judgment on the matter on February 13, the apex court lacks the jurisdiction to sit on appeal in its judgment.

For him, it is an aberration and scandalous asking the Supreme Court as the highest and final court in the land to review its judgment which is deemed final in all material particulars.

The PDP Counsel added 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.

Arguing further on the matter, Oyetibo said; “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”.

Interestingly the Supreme Court acknowledged the decision of other respondents in the case to fully adopt the PDP council’s position on the matter.

In dismissing the two application filed and argued for the applicants by Afe Babalola (SAN) and Wole Onanipekun (SAN), a seven-member panel of the court, led by Justice Sylvester Ngwuta, held that they were without merit and amounted to abuse of court process.

The lead judgment, read by Justice Amina Augie, said the application was an attempt to make the apex court violate its rules and provisions of the Constitution that makes it the final court of the land.

She stated that if granted, the applications have the capacity of belittling the dignity and status of the Supreme Court while also opening it to a floodgate for such request in the future.

Justice Augie, who expressed regret that senior lawyers in the country could be involved in the filing of such applications, awarded N10milion cost for each of the 1st, 2nd and 3rd respondents (the PDP; its governorship and deputy governorship in the last election, Senator Duoye Diri; and Lawrence Ewhrudjakpo).

The Supreme Court directed that the fines must be paid personally by the applicant’s lawyers, Afe Babalola and Wole Olanipekun.