A seven-man panel of the Supreme Court led by Justice Sylvester Ngwuta has dismissed the application filed by the lead counsel of the All Progress Congress Party to review the February 13, judgement which sacked it’s candidate David Lyon as governor of Bayelsa State a day to his swearing-in. Supreme Court upholds judgement.
The APC had filed an application seeking the Supreme Court to reverse its judgement that sacked David Lyon as governor-elect of Bayelsa State.
A five-member panel of the apex court led by Mary Odili, had on February 13, nullified the election of Mr Lyon on the grounds that his deputy, Biobarakuma Degi-Eremienyo, presented false information to the Independent National Electoral Commission (INEC) in aid of his qualification for the November 16 governorship election in the state.
The apex court in the judgment delivered by Ejembi Eko consequently ordered INEC to withdraw the certificate of return issued to David Lyon and Degi-Eremienyo. Supreme Court upholds judgement.
At the resumed hearing on Wednesday, Senior Counsel to APC, Wole Olanipekun in his argument said judges are humans therefore are subject to errors and that out of human omission the court deliverd the judgement on a false witness submitted by INEC.
He concluded that the served judgement was a mistake that has cost the applicant his right as the elected governor of Bayelsa State.
Debating further, lead counsel to PDP, Tayo Oyetibo said the applicants application to the Supreme Court is a disguised invitation to violate the constitution of Nigeria.
Oyetibo emphasised that once the Supreme Court has delivered judgement on an appeal it remains final.
Coming under section 22 of the Supreme Court Act, he stressed that the court has the jurisdiction to maintain it’s judgements.
“Supreme Court judgement issue a final case, it is final forever. This is the sort of matter that comes before a court of appeal.
This case is not different because the law stipulates that if a governorship candidate does not have a running mate he should be disqualified.
If at all any error is smelt it should be in the future not in this case.
His lordship cannot set aside a judgement when it has not been reviewed. Why then should the applicants appeal his lordship to set aside judgement,” he said.
The Supreme Court in the judgment delivered by Justice Amina Augie dismissed the applications stating that they lacked merit.
She explained that the Supreme Court is not authorized to review a judgement which it served except for exceptional cases.
Justice Augie emphasised that the Supreme Court judgement is final.
“It is final in the real sense of the word final, it is final for all ages,” she said.
She however dismissed the application and orderd the applicants counsels to pay the sum of N10m each to the respondents counsels as fine for filing such an application as Senior Advocates of Nigerian being fully aware of how the law works.
Justice Augie concluded stating that the application filed by the applicants counsels was an insult to the Supreme Court of Nigeria must therefore be punished.