The Supreme Court is currently hearing the application for review of the judgment which sacked the governorship candidate of All Progressives Congress (APC) in Bayelsa state, David Lyon and his deputy, Senator Biobarakuma Degi-Eremienyo.
The APC is seeking a reversal of the judgment which disqualified its candidate David Lyon in the last governorship election in Bayelsa State.
Representing Mr Lyon and Degi-Eremienyo is Afe Babalola, who argued that the apex court has the power to set aside its earlier judgment.
He insisted that the application is not for a review of the judgment but to set aside the judgment sacking the governorship candidate of the APC having overwhelmingly won the election.
Mr Babalola added that the judgment of the court delivered on February 13, amounts to a denial of fair hearing.
Justice Sylvester Ngwuta is presiding and is being assisted by six other judges.
In his final submission, Mr Babalola urged the court to reverse its decision.
Also, Wole Olanipekun representing the APC is asking the court to set aside its February 13, 2020 judgment on the ground that the court had no jurisdiction to have entertained the appeal in the first place.
He explained that the suit was first filed at the Federal High Court as a pre-election matter, and that is the foundation of the matter that made the appeal gets to the apex court.
Mr Olanipekun, therefore, restated his argument that the apex court lacks the jurisdiction to entertain the matter.
He added that all humans are fallible so it is not beyond the apex court to make a mistake.
Mr Olanipekun also faulted the interpretation of the judgment of the court by INEC which issued a certificate of return to Senator Douye Diri of the PDP, urging the court to grant the application to set aside its earlier judgment.
Counsel to the PDP, Tayo Oyetibo argued that the application by David Lyon is an invitation to violate the nation’s constitution
He added that it is also an invitation to the court to sit in judgment over its earlier decision which must not be allowed while urging the court to summarily dismiss the application.
Mr Oyetoyibo argued that areas were well considered before the apex court arrived at its decision on February 13, insisting that the court cannot change the operative part of any judgment delivered by the apex court which is the final court in the land.
Citing section 22 of the Supreme Court act, Mr Oyetoyibo said “the court has wild powers to make any order including the order asking INEC to withdraw the certificate issued to David Lyon. The order made by the court was not out of order”, he said.
He explained that the facts and justice of the case warranted the decision of the court and there is no error in it whatsoever.
He added that if any error is felt, it can only be addressed in a future case.
Mr Oyetibo insisted that the grant of this application will engender judicial instability as people will now wait for a possible review before acting on any judgment of the apex court.
Present to witness the proceeding is the National Chairman of the APC, Mr Adams Oshiomhole
Also in the court is the incumbent governor of the state, Senator Douye Diri and the sacked deputy governor-elect, Biobarakuma Degi-Eremienyo.
