The Supreme Court on Wednesday dismissed the applications for a review of its judgment on February 13, 2020 which overturned the All Progressives Congress’ victory in the last governorship election in Bayelsa State.
Justice Sylvester Ngwuta, in a leading its seven-man panel said the apex court judgment on the poll was “final in the real sense of the word, final, and no force can get this court to shift from its decision.”
Giving a description of the applications filed by the APC and its governorship candidate David Lyon, said its “vexatious, frivolous, and constitute a gross abuse of court process”.
Justice Amina Augie who read the lead judgment, said the apex court lacked jurisdiction to review its judgment except in few circumstances when there was the need to correct clerical slip or vary it to give effect to the spirit and intention of the judgment.
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She also held that granting the applications would open a floodgate of such applications, diminish the finality of the decisions of the apex court and make the law uncertain.
Incensed by the applications, Justice Augie expressed regrets that “very senior members of the bar” were responsible for the filing of the applications which she noted was “aimed at desecrating the sanctity of the court”.
She awarded the costs of N30m against each of the applicants’ lawyers, Chief Afe Babalola (SAN) representing Lyon, and Chief Wole Olanipekun (SAN), standing for the APC.
The costs totalling N60m are to be paid to three respondents who opposed the applications.
The respondents are: the Peoples Democratic Party, whose legal team was led by Mr. Tayo Oyetibo (SAN); Bayelsa State Governor Duoye Diri, represented by Yunus Usman (SAN), and the deputy governor, Lawrence Ewhruojakpo, represented by Chris Uche (SAN).
Although the Independent National Electoral Commission was the fourth respondent to the application, no cost was awarded in its favour, because its lawyers led by Mr. Taminu Inuwa (SAN), took a neutral stand by not filing any document in favour of or opposition to the applications.
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