Bayelsa:Supreme Court Upheld Sack Of Lyon, Fine Counsels N30m Each
LAGOS FEBRUARY 27TH (NEWSRANGERS)-The Supreme Court has upheld its judgement which sacked David Lyon of the All Progressives Congress (APC) as the governor-elect of Bayelsa State.
It will be recall that the apex court, on February 13, sacked Lyon of the APC barely 24 hours to his inauguration.
A five-member panel of the apex court led by Justice Mary Odili nullified Mr Lyon’s election on the grounds that his deputy, Biobarakuma Degi-Eremienyo, presented false information to the Independent National Electoral Commission(INEC) to aid his qualification for the November 16 governorship election in State.
Subsequently, the court ordered INEC to declare the party with the highest number of lawful votes and geographical spread the winner of the election. The candidate of the Peoples Democratic Party, Douye Diri, was later sworn in as governor.
This was sequel to a suit filed by the candidate of the Peoples Democratic Party (PDP), Douye Diri, against the APC candidates and INEC, seeking the disqualification of the APC deputy governorship candidate.
Representing Lyon and Degi-Eremienyo at the review is Afe Babalola, who argued that the apex court has the power to set aside its earlier judgment.
He insisted that the application is not for a review of the judgment but to
set aside the judgment sacking Lyon who overwhelmingly won the election.
Babalola added that the judgment of the court delivered on February 13, amounts
to a denial of fair hearing.
Justice Sylvester Ngwuta presided and was assisted by six other judges.
According to Justice Amina Augie who read the judgment on Wednesday, 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.
For taking the APC brief to challenge the Supreme Court ruling that upturned the victory of the APC guber candidate David Lyon, SANs Afe Babalola (and Wole Olanipekun (SAN) have incurred a N30-million fine each.
Whie reading the judgement, Justice Amina Augie announced the fine amidtst tears, wondering why very senior lawyers would take up such briefs.
The court awarded the costs of N10m to be personally paid by David Lyon’s lawyer, Babalola , and APC’s lawyer, Olanipekun.
It ruled that each of the lawyers must pay the N10m to each of the three respondents – the Peoples Democratic Party, Governor Duoye Diri, and the Deputy Governor of Bayelsa State, Lawrence Ewhruojakpo, bringing the total amount to be paid to N60 million.
According to her, the application amounted to an invitation for the apex court to sit in appeal on its own judgment in violation of the Constitution.
She said granting the applications would open a floodgate for the review of decisions of the Supreme Court.
“There must be an end to litigation,” she said, adding, “the decision of the Supreme Court is final for ages in a matter” and only legislation could change it
The seven-man panel of the apex court led by Justice Sylvester Ngwuta described the applications filed by the APC and its governorship candidate as vexatious, frivolous, and a gross abuse of court process.
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Posted by News Rangers
on Feb 27 2020. Filed under National.
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