The supreme court has dismissed David Lyon’s petition in the Bayelsa guber election case before it. Delivering the lead judgment, Justice Amina Augie said the court cannot sit on appeal over its own judgment.
His Lordship also stated that the application lacked merit, stressing that the decisions of the court are final.
“There must be an end to litigation even if we review this judgment, every disaffected litigant will bring similar applications and the finality of Supreme Court judgments will be lost,” she said.
She added that the applicants failed to point out errors and the judgment is final for all ages.
She stated that the applications are frivolous and vexatious, and awarded the cost of N10 million against the applicants to be personally paid by their counsel.
Justice Augie added that the counsels of the APC and Mr Lyon are to each pay Governor Douye Diri, his deputy Mr Lawrence Ewhrudjakpo and the PDP the same N10 million.
Background: Mr Lyon was sacked by the apex court on February 13, on grounds that his deputy, submitted forged certificates to INEC.
The court ruled that Mr Degi-Eremienyo’s disqualification had affected the joint ticket with which he and the governorship candidate, Lyon, ran for and won on November 16, 2019.
At the proceedings on Wednesday: Mr Lyon and APC in their applications argued by Afe Babalola and Mr Wole Olanipekun asked the court to review and set aside the judgment which voided their participation in the November 16 governorship election.
Mr Babalola added that the Supreme Court has inherent powers to set aside its own decision because the judgment was a nullity on account of denial of fair hearing of his client.
Mr Olanipekun, on his part, argued that the apex court erred in law when it invoked section 36 of the Electoral Act to disqualify the APC’s participation in the election when the Federal High Court judgment restored by the Supreme Court did not disqualify the party’s eligibility.
Counsel to the Peoples Democratic Party (PDP), Tayo Oyetibo, informed the apex court that the application by APC and its governorship candidate were a 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.
He further stated 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.