The Peoples Democratic Party (PDP) has declined to issue an immediate response to the request of the All Progressives Congress (APC) asking the Supreme Court to review the judgement that sacked David Lyon as the governor-elect of Bayelsa State.
The National Publicity Secretary of the PDP, Kolo Ologbondiyan, while responding to request for comments on APC’s request, he said the party was studying the development and would respond appropriately.
“We are going to respond to it. We want to pick all the issues together and respond,” Ologbondiyan told our correspondent.
Meanwhile, Lyon, who was the candidate of the APC in the 2019 Bayelsa governorship election, had been sacked by the Supreme Court for presenting a running mate with fake certificates.
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The apex court had also ordered the Independent National Electoral Commission (INEC) to recognize the candidate that came second in the poll as governor-elect.
The APC, through its lawyers, led by Chief Wole Olanipekun, SAN, asked the apex court to set aside what it described as “wrong interpretation” of the February 13 judgement which did not favour its candidate.
The APC said: “After reinstating the judgment of the trial court, this honourable court proceeded to disqualify the governorship candidate of the appellant (Lyon David Pereworimin) despite the fact that the trial refused to grant the reliefs for his disqualification and there was no appeal against same.
“In this honourable court’s judgment of February 13, the court erroneously and inadvertently stated that the trial court consequentially disqualified the applicant‘s governorship candidate even though the trial court made no such order.
“Rather, the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification”.
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The ruling party also faulted INEC’s interpretation of the Supreme Court judgment leading to its recognition of Douye Diri of the Peoples Democratic Party as the winner of the Bayelsa governorship election.
“By a press statement made on February 14, 2020, the Chairman of the 4th (INEC) respondent purported to interpret the judgment of this honourable court of February 13, 2020 in SC.1/2020 Peoples Democratic Party (PDP) & 2 ors. v. Biobarakuma Degi-Eremienyo 8. 3 ors.”
The APC further faulted the Supreme Court for voiding its candidates’ participation in the election, when, the judgment by the Federal High Court, disqualifying its deputy governorship candidate, was stayed as at when the election was conducted.
“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 drawn up order of the Federal High Court duly signed by the trial judge the six reliefs granted are clearly encapsulated therein.
“In specific reference to the reliefs for the disqualification of the governorship candidate of the applicant (Lyon David Pereworimin), the trial court refused to grant the plaintiffs’ prayers to disqualify him.
“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 timely 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.
“The Court of Appeal, Abuja division, stayed the execution of the judgment of the trial High Court.
“As at the time the governorship election in Bayelsa was conducted on Nov. 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 Dec. 23, 2019 whereby the Court of Appeal set aside the decision of the trial High Court delivered on Nov. 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 the governorship candidate of the applicant (David Lyon)”.
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APC said the apex court acted without jurisdiction and also breached the 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 Feb. 13, was premised on and vitiated by a fundamental error and is contrary to public policy.”
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