The Supreme Court yesterday excoriated two lawyers of the All Progressives Congress (APC), Chief Afe Babalola (SAN) and Wole Olanipekun (SAN), for daring to file an application for a review of its February 13, 2020 judgment that nullified the victory of the party’s candidate in the governorship election in Bayelsa State. It described the application as vexatious and frivolous and consequently dismissed it; while ordering the two senior advocates to pay N60 million in cost to the respondents.
An emotional, Justice Amina Augie, who delivered the lead judgment, described the action of Babalola and Olanipekun as regrettable and a deliberate desecration of the judiciary. “I feel like shedding tears that senior counsel in this case would ever bring this kind of frivolous applications during my life time.
This court is not authorised and indeed lacked jurisdiction to review any judgment delivered on merit, more so when the applicants have not pointed out any accidental error or slip in the judgment. There must be an end to every litigation. It is settled that the decision of this court is final. This is the final court and its decisions are final for all ages,” Justice Augie said.
She ordered Babalola and Olanipekun to pay N10 million each to each of the three respondents as fines.
Justice Augie insisted that the fine would be personally paid by the lawyers. The beneficiary respondents are Bayelsa Governor Douye Diri, his deputy, Lawrence Ewhujapkor and the PDP. The APC had filed an application asking the Supreme Court to review its verdict on the Bayelsa State governorship election. Babalola, in his submission, said the Supreme Court has inherent power to set aside its own decision because the judgment which voided the election of his client was a nullity because his client was denied fair hearing. 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 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. He argued that the Supreme Court cannot give consequential order on a relief not granted by a trial court except due to human error.
However, counsel to the PDP, Tayo Oyetibo (SAN), informed the apex court that the application by APC and its governorship candidate were 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. Oyetibo argued that having delivered final judgment in the matter on merit on February 13, the court has no jurisdiction to sit on appeal in the judgment, adding that it is scandalous to ask the apex court to review the judgment. He 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 the ruling that lasted about 30 minutes, Justice Augie held that by Order 8, Rule 16 of the Supreme Court, the court has no powers or authority to review any judgment delivered on merit safe for clerical error. According to Justice Augie, it is only a legislation that can alter the decision of the apex court once a matter has been fully heard and an order made. “The two applications brought before us today lacked merit and constituted abuse of this court and they are liable to dismissal and are hereby dismissed”, the court held. The apex court said the request by the APC to review its judgment voiding the participation of its candidate in the Bayelsa State governorship election was an abuse of court process. The court also held that the suit filed on behalf of the APC, its sacked governor-elect and deputy governor-elect, Mr. David Lyon and Biobarakuma Degi-Eremienyo respectively, lacked merit and summarily dismissed it. Other members of the panel are Justices Mary Peter-Odili, Kayode Ariwoola, Kudirat Kekere-Ekun, John Okoro and Ejembi Eko.
Reacting to the verdict, the PDP commended the Supreme Court for upholding the election of Diri as the governor of Bayelsa State. But it urged the apex court to reverse itself on the Imo State governorship verdict which sacked Hon. Emeka Ihedioha as governor and replaced him with Senator Hope Uzodinma.
It also accused the APC of mounting pressure on the Supreme Court to restrain itself from reversing the Imo judgment.
In a statement by its National Publicity Secretary, Kola Ologbondiyan, the main opposition party said while it commended yesterday’s verdict of the Supreme Court, the elements and grounds for the demands by the PDP for the reversal of Imo State governorship election judgment are different from those of Bayelsa State. The PDP explained that its demand on Imo is not in any way in contestation of the authority and finality of the Supreme Court but a patriotic effort to assist the apex court to affirm its infallibility by correcting the inherent mistakes in the judgment, which came as a result of misleading presentation to it by the APC.
The party said the only reason APC was pushing for a review of the Supreme Court’s judgment on the Bayelsa and Zamfara states governorship elections was to cause confusion and blackmail the Supreme Court from reconsidering the Imo case on merit. The PDP described the grounds for the reversal of Imo judgment as “unambiguously constitutional and completely distinct” from APC’s request for the review of the Supreme Court judgments on the Bayelsa and Zamfara states’ governorship elections. The party urged the Supreme Court to look at the merit of the Imo State case; correct the mistakes and reverse the judgment.
Also reacting to the verdict, Diri said there was no victor, no vanquished as the Supreme Court ruling was only an affirmation of God’s judgment, which paved the way for his victory. Diri also called on all Bayelsans, regardless of party affiliation, to join hands with him to grow the state. A statement by his acting Chief Press Secretary, Mr. Daniel Alabrah, quoted the governor as commending the courage and sagacity of the apex court justices in affirming their earlier judgment.
The apex court on Thursday, February 13, 2020, sacked APC’s Lyon and his deputy-elect Biobarakuma Degi-Eremienyo, for contesting the election on a joint ticket with Degi-Eremienyo, whom it said presented fake certificates to the Independent National Electoral Commission (INEC). The Federal High Court in Abuja had earlier disqualified Degi-Eremienyo from the election for the same reason. Degi-Eremienyo, however, challenged the high court verdict that restrained him from participating in the election the APC won.
A three-man panel of the appeal court chaired by Justice Stephen Adah ruled that the high court erred in law and in breach of the appellant’s right to a fair hearing and reversed the judgement for Degi-Eremienyo to contest the election. However, a five-man panel of the Supreme Court led by Justice Mary Peter-Odili said the former deputy governor-elect’s academic credentials were invalid and ordered INEC to withdraw the certificate of return issued to Lyon. The court ordered INEC to issue a certificate of return to the PDP candidate Senator Diri who came second in the election. Diri has since been sworn-in as Bayelsa State governor, succeeding former governor Seriake Dickson.
