Supreme Court Set To Deliver Judgment On APC’s Application For Review
The Supreme Court is set to deliver judgment on the application for review filed by the sacked Bayelsa governor-elect, Mr David Lyon and the All Progressive Congress (APC).
Mr Lyon and APC in their applications argued by Afe Babalola SAN and Mr Wole Olanipekun SAN, prayed the court to review and set aside the judgment of February 13 which voided their participation in the November 16 governorship election.
Mr Babalola had in his submissions said that the Supreme Court has inherent powers to set aside its own decision because the judgment which voided the election of his client 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, however, 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.
After taking arguments from parties in the matter, Justice Sylvester Ngwuta announced the stand-down of the matter, adding that the panel would reconvene soon for its decision in the matter.
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