Eric Ikhilae, Abuja
THE Supreme Court will on Wednesday hear an application by the All Progressives Congress (APC) seeking a review of the judgment that disqualified the party’s candidate in the last governorship election in Bayelsa State, David Lyon.
It was learnt the court’s registry has communicated the date to the parties.
It could not be confirmed whether or not the respondents have filed their responses to the application.
APC, in the application filed on February 20, wants the Supreme Court to set aside some portions of its judgment.
The application was filed by the party’s team of lawyers, including Chief Wole Olanipekun (SAN) and Prince Lateef Fagbemi (SAN).
APC alleged that the Supreme Court wrongly interpreted its February 13 verdict, which the Independent National Electoral Commission (INEC) executed.
The party is, among others, contending that the Supreme Court misinterpreted the November 12, 2019 judgment of the Federal High Court, Abuja, which it affirmed.
The APC argued that the Supreme Court acted without jurisdiction and denied it fair hearing when it disqualified its governorship candidate on the eve of his swearing-in.
It is contending that the Federal High Court, in the judgment by Justice Inyang Ekwo, refused the plaintiffs’ prayer to disqualify Lyon.
The party also faulted the interpretation given to the Supreme Court judgment by INEC in deciding to issue a certificate of return to the Peoples Democratic Party (PDP) candidate.
It said: “After reinstating the judgment of the trial court in the judgment of this honourable court of the 13th February 2020, in SC.1/2020 Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., this honourable court proceeded to disqualify the governorship candidate of the applicant (Lyon David Pereworimin) despite the fact that the trial High Court refused to grant the reliefs for his disqualification and there was no appeal against same.
“In this honourable court’s judgment of 13th February, 2020, the court erroneously and inadvertently stated that the trial High Court consequentially disqualified the applicant‘s governorship candidate even though the trial court made no such order and when the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification.”
The APC wants the Supreme Court to set aside portions of its judgment.
The first is where it held that the Federal High Court, in disqualifying its deputy governorship candidate, disqualified its governorship candidate.
The second is where it held that joint ticket of the APC candidates was vitiated by the disqualification of the deputy governorship candidate and that both candidates are deemed not to be candidates in the election.
APC further prayed the apex court to set aside the portion of the judgment where it ordered INEC to declare as winner of the governorship election, the candidate with the highest number of lawful votes; where it ordered INEC to withdraw the certificate of return issued to its governorship candidate and the issuance of fresh one to the candidate with the highest number of lawful votes.
The APC argued that it was wrong for the Supreme Court to have voided its candidates’ participation in the election, when, the judgment by the Federal High Court, disqualifying its deputy governorship candidate, was stayed as at when the election was conducted.
It stated: “By an originating summons dated 12th September, 2019, in Suit No: PHC/ABJ/CS/ 1101/2019 between Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., the respondents approached the Federal High Court for a total of 10 reliefs.
“In the judgment of the Federal High Court, per Ekwo J., delivered on 12th November. 2019, the said court granted only six of the reliefs.
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“In the drawn-up order of the Federal High Court, duly signed by the trial judge, the six reliefs granted are encapsulated therein.
“In specific reference to the reliefs for the disqualification of the governorship candidate of the applicant (Lyon David Pereworimin), the trial court refused to grant the plaintiffs’ prayers to disqualify him.
“It was only the deputy governorship candidate of the applicant (Biobarakuma Degl-Eremienyo) that the trial High Court made an order of disqualification against.
“Applicant and its governorship and deputy governorship candidates timeously appealed the judgment of the Federal High Court to the Court of Appeal and also applied for a stay of execution of the said judgment pending appeal.
“By an order made on 13th November, 2019 in CA/A/1053/M/2019 between Biobarakuma Degi-Eremienyo & Anor v. Peoples Democratic Party & ors., the Court of Appeal, Abuja Judicial Division, stayed the execution of the judgment of the trial High Court delivered on 12th November 2019.
“As at the time the governorship election in Bayelsa State was conducted on 16th November, 2019, the order for stay of execution granted by the Court of Appeal was subsisting and there was no appeal against it.
“The judgment of the Court of Appeal was delivered on 23rd December 2019 whereby the Court of Appeal set aside the decision of the trial High Court delivered on 12th November 2019.
“There was no cross-appeal to the Court of Appeal against the decision of the trial High Court refusing to make an order disqualifying the governorship candidate of the applicant.
“In the judgment of this honourable court delivered on 13th February 2019, this honourable court set aside the decision of the Court of Appeal and restored the decision of the trial High Court.
“In the enrolled order of the judgment of the trial High Court, no disqualification order was made against the applicant’s candidate (Lyon David Pereworimin), whether consequentially or otherwise.”
APC said INEC misinterpreted the judgment.
“The fourth respondent (INEC) reviewed the judgment of this honourable court, gave it a different interpretation and came to a wrong conclusion, thus declaring the second and third respondents as the Governor and Deputy Governor-elect of Bayelsa State, respectively,” the Police said.
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