On February 13th, the apex court nullified the election of Lyon and his Deputy, Biobarakuma Degi-Eremieoyo on the grounds that the latter ran for the election using forged certificates.

Delivering judgement today, the Supreme court justices led by Justice Amina Augie, held that the application filed by the APC for the review of the court’s judgement, lacked merit, and that the decision of the court is final. She added that the applicants failed to point out errors and added that no court on earth can review the judgment.

In an application filed by APC’s team of lawyers led by Chief Wole Olanipekun (SAN) and Prince Lateef Fagbemi (SAN), the apex court were urged to set aside the “wrong” interpretation given to its judgment of February 13, 2020 and its subsequent execution by the Independent National Electoral Commission (INEC).

The APC argued that they were denied fair hearing, as they also faulted the issuance of certificate of return to the candidate of the Peoples Democratic Party (PDP), Senator Diri Duoye.

The application read in parts “After reinstating the judgment of the trial court in the judgment of this honourobie court of the 13th February, 2020, in SC.1/2020 Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., this honourable court proceeded to disqualify the governorship candidate of the applicant (Lyon David Pereworimin) despite the fact that the trial High Court refused to grant the reliefs for his disqualification and there was no appeal against same. In this honourable court’s judgment of 13th February, 2020, the court erroneously and inadvertently stated that the trial High Court consequentially disqualified the applicant‘s governorship candidate even though the trial court made no such order and when the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification. By an originating summons dated 12th September, 2019, in Suit NO: PHC/ABJ/CS/ 1101/2019 between Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., the respondents approached the Federal High Court for a total of 10 reliefs. In the judgment of the Federal High Court, per Ekwo J., delivered on 12th November. 2019, the said court granted only 6 (six) of the reliefs. In the drawn up order of the Federal High Court duly signed by the trial judge the 6 (six) reliefs granted are clearly encapsulated therein. In specific reference to the reliefs for the disqualification of the governorship candidate of the applicant (Lyon Dovid Pereworimin), the trial court refused to grant the plaintiffs’ prayers to disqualify him. It was only the Deputy Governorship candidate of the applicant (Biobarakuma Degl-Eremienyo) that the trial High Court made an order of disqualification against. Applicant and its governorship and deputy governorship candidates timeously appealed the judgment of the Federal High Court to the Court of Appeal, and also applied for a stay of execution of the said judgment pending appeal. By on order mode on 13th November 2019 in CA/A/1053/M/2019 between Biobarakuma Degi-Eremienyo & Anor v. Peeples Democratic Party & ors., the Court of Appeal. Abuja judicial division, stayed the execution of the judgment of the trial High Court delivered on 12th November, 2019. As at the time the governorship election in Boyetso State was conducted on 16th November 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 23rd December, 2019 whereby the Court of Appeal set aside the decision of the trial High Court delivered on 12th November. 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 the governorship candidate of the applicant (Lyon Dovid Pereworimin). In the judgment of this honourable court delivered on 13th February, 2019 this honourable court set aside the decision of the Court of Appeal and restored the decision of the trial High Court. In the enrolled order of the judgment of the trial High Court, no disqualification order was mode against the applicant’s candidate (Lyon David Pereworimin), whether consequentially or otherwise. After reinstating the judgment of the trial court in the judgment of this honourable court of this 13th February, 2020, in SC.1/2020 Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., this honourable court proceeded to disqualify the governorship candidate of the applicant (Lyon David Pereworimin) despite the fact that the trial High Court refused to grant the reliefs for his disqualification and there was no appeal against same. In this honourable court’s judgment of 13th February, 2020, the court erroneously and inadvertently stated that the trial High Court consequentially disqualified the applicant‘s governorship candidate even though the trial court mode no such order and when the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification. This honourable court acted without jurisdiction by holding as in (xiii) and (xiv). supra (as contained in the two paragraphs above) and also breached applicant’s right to fair hearing.
“With respect, the portions of the judgment of this honourable court highlighted in the body of this application constitute a nullity. With respect, the decision of this honourable court of 13th February, 2020, in SC.1/ 2020 Peoples Democratic Party (PDP) & 2 ors. v. Biobarakuma Degi-Eremienyo & 3 ors., was premised on and vitiated by a fundamental error. With respect the decision of this honourable court of this 13th February, 2020, in SC. 1/ 2020 Peoples Democratic Party (PDP) & 2 ors. v. Biobarakuma Degi-Eremienyo & 3 ors., is contrary to public policy. By a press statement made on 14th February, 2020, the Chairman of the 4th (INEC) respondent purported to interpret the judgment of this Honourable Court of 13th February, 2020 in SC.1/2020 Peoples Democratic Party (PDP) & 2 ors. v. Biobarakuma Degi-Eremienyo 8. 3 ors. In the said press statement, the 4th respondent reviewed the judgment of this honourable court, gave it a different interpretation and come to a wrong conclusion. thus declaring the 2nd and 3rd respondents as the Governor and Deputy Governor elect of Bayelsa State, respectively. “

This is coming after the Supreme Court sacked the candidate of the APC, David Lyon as winner of the governorship election in Bayelsa State and replaced him with candidate of the Peoples Democratic Party (PDP), Senator Duoye Diri who scored the second highest vote in the election.

In a letter written by the chairman of the APC, Adams Oshiomhole and addressed to INEC, the electoral commission was urged to conduct a new election because according to them, Diri did not meet the requirement needed for him to become Governor of the State.

The letter read ‘‘In the said judgement of the Supreme Court, the candidature of our governorship and deputy governorship candidates were nullified and the commission was ordered to issue fresh certificate of returns with the highest number of votes and with the required geographical spread. It is however to be noted that the Supreme Court did not void the votes that our party polled at the election and the implication of this is that the votes of the All Progressives Congress must be reckoned with in determining whether any other candidate polled majority of lawful votes cast in one-quarter of at least two thirds majority of the state. We have reviewed the judgement of the Supreme Court and we are of the firm opinion that the candidates of the Peoples Democratic Party cannot be issued certificate of return and or sworn in as the Governor and Deputy Governor of Bayelsa State respectively. We are aware of that section 179(1)(b) of the 1999 constitution of the Federal Republic of Nigeria mandatorily requires a candidate for an election to the office of governor of a state to have not less than one quarter of the votes cast at the election in each of at least two thirds of all the local government areas in the state before the candidate can be deemed to have been duly elected as the Governor of the State. This mandatory requirement was affirmed by the supreme court in the judgement under reference. From the results announced and duly published by the commission, it is clear that no candidates meet this mandatory constitutional requirement, including the candidates of the Peoples Democratic Party who only managed to poll one quarter of the votes cast in only five local government areas. The candidate of the Peoples Democratic Party or any other candidate whatsoever, none satisfies the requirement of one quarter of the votes cast in at least 2/3 of the local government areas in the state as required by the supreme court judgement further request that a fresh election be conducted by the commission for the office of the Executive Governor of Bayelsa State.”