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The All Progressives Congress (APC) has approached the Supreme Court with an application seeking a reversal of its judgement that disqualified its candidate in Bayelsa State governorship election, David Pereworimin Lyon.
In an application filed yesterday by its lawyers led by Chief Wole Olanipekun (SAN) and Lateef Fagbemi (SAN), it also wants the apex court to set aside the ‘wrong’ interpretation given to its judgment of February 13, 2020 and the subsequent execution by the Independent National Electoral Commission (INEC).
Among other prayers, it is also contending that the court misinterpreted Federal High Court, Abuja judgement of November 12, 2019, which it (the Supreme Court) affirmed.
The party argued that the apex court acted out of jurisdiction and denied it fair hearing when it disqualified its governorship candidate even though the Federal High Court in the judgment by Justice Inyang Ekwo, which the apex court affirmed, refused the plaintiffs’ prayer to disqualify Lyon.
It also faulted the interpretation given to the Supreme Court judgment by INEC in issuing Certificate of Return to Peoples Democratic Party (PDP) candidates.
“In the court’s judgment of February 13, it erroneously and inadvertently stated that the High Court consequentially disqualified the applicant’s governorship candidate even though it made no such order and when the trial court refused to grant the express orders sought by the plaintiff’s therein for his disqualification.”
APC specifically wants the Supreme Court to set aside portions of its judgment where it held that the Federal High Court, in disqualifying its Deputy Governorship candidate, also proceeded to disqualify its governorship candidate and where it held that joint ticket of its candidates was vitiated by the disqualification of the Deputy Governorship candidate and that both candidates are deemed not to be candidates in the election.
It further prayed the Court to set aside the portion where it ordered INEC to declare candidates with the highest number of lawful votes winner of the poll and where it ordered INEC to withdrew the Certificate of Return issued to its governorship candidate and the issuance of fresh one to candidate with the highest number of lawful votes.
The party argued that it was wrong for the Supreme Court to have voided its candidates’ participation in the election when the the Federal High Court ruling, disqualifying its deputy governorship candidate, was stayed as at when the election was conducted.
“It was only the Deputy Governorship candidate of the applicant (Biobarakuma Degi-Eremienyo) that the trial High Court made an order of disqualification against.
“Applicant and its governorship and deputy governorship candidates appealed the judgment of the Federal High Court to the Court of Appeal on time and also applied for a stay of execution of the judgment pending appeal.
“By the order of November 13, 2019 in CA/A/1053/M/2019, the Court of Appeal, Abuja division stayed the execution of the judgment of the trial High Court delivered on November 12, 2019,” it said.
It added, “As at the time the Bayelsa State governorship election was conducted on November 16, 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 December 23, 2019, whereby it set aside the decision of the High Court delivered on November 12, 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 Lyon,” it added
The party, therefore, asked the apex court to review its judgment in the interest of justice.