The Supreme Court has dismissed the application for review of judgement which sacked David Lyon and his deputy Biobarakuma Degi-Eremienyo to installed Douye Diri as the Governor Bayelsa State.
The apex court struck out Lyon’s and All Progressives Congress, APC, for lacking in merit.
Justice Amina Augie who read the judgment explained that the apex court’s decisions were final.
He pointed that the applicants failed to point out errors in the earlier judgement, insisting that the judgment is final for all ages, saying that no court can fault or reverse it.
Governor Diri is still the governor as the Lyon’s Petition is dismissed.
Recalled Mr Lyon was sacked by the Supreme court on February 13, on grounds that his deputy, submitted forged certificates to INEC.
However, the Judgement today 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.
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.
According to him, the procedure adopted by the apex court on February 13 was wrong because there was no cause of action at the time the Supreme Court gave judgment against Lyon.
Olanipekun SAN 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.
Meanwhile, 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.
However, 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.
The judge said the judgment of the Supreme Court is final in the ‘real sense’ and no court on earth can review the judgment.
“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 added 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.