APC urges Supreme Court to reverse sack of David Lyon

The All Progressives Congress (APC) has urged the Supreme Court to reverse its judgement which sacked David Lyon as the winner of the Governorship election held in Bayelsa State in 2019. 

In an application filed by APC's team of lawyers led by Chief Wole Olanipekun (SAN) and Prince Lateef Fagbemi (SAN), the apex court were urged to set aside the “wrong” interpretation given to its judgment of February 13, 2020 and its subsequent execution by the Independent National. electoral Commission (INEC)

The application read in parts; 

“After reinstating the judgment of the trial court in the judgment of this honourobie 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.”

 “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 6 (six) of the reliefs.

“In the drawn up order of the Federal High Court duly signed by the trial judge the 6 (six) reliefs granted are clearly encapsulated therein.

“In specific reference to the reliefs for the disqualification of the governorship candidate of the applicant (Lyon Dovid 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 on order mode on 13th November 2019 in CA/A/1053/M/2019 between Biobarakuma Degi-Eremienyo & Anor v. Peeples 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 Boyetso 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 (Lyon Dovid Pereworimin).

“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 mode against the applicant’s candidate (Lyon David Pereworimin), whether consequentially or otherwise.

“After reinstating the judgment of the trial court in the judgment of this honourable court of this 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 mode no such order and when the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification.

“This honourable court acted without jurisdiction by holding as in (xiii) and (xiv). supra (as contained in the two paragraphs above) and also breached applicant’s right to fair hearing.

“With respect, the portions of the judgment of this honourable court highlighted in the body of this application constitute a nullity.

“With respect, the decision of this honourable court of 13th February, 2020, in SC.1/ 2020 Peoples Democratic Party (PDP) & 2 ors. v. Biobarakuma Degi-Eremienyo & 3 ors.,  was premised on and vitiated by a fundamental error.

“With respect the decision of this honourable court of this 13th February, 2020, in SC. 1/ 2020 Peoples Democratic Party (PDP) & 2 ors. v. Biobarakuma Degi-Eremienyo & 3 ors., is contrary to public policy.

“By a press statement made on 14th February, 2020, the Chairman of the 4th (INEC) respondent purported to interpret the judgment of this Honourable Court of 13th February, 2020 in SC.1/2020 Peoples Democratic Party (PDP) & 2 ors. v. Biobarakuma Degi-Eremienyo 8. 3 ors.

“In the said press statement, the 4th respondent reviewed the judgment of this honourable court, gave it a different interpretation and come to a wrong conclusion. thus declaring the 2nd and 3rd respondents as the Governor and Deputy Governor elect of Bayelsa State, respectively. “