Lawyers of the All Progressives Congress (APC) have stormed the Supreme Court with an application urging the court to reverse its decision disqualifying its candidate in the last governorship election in Bayelsa State, Lyon David Pereworimin.
The APC, in an application filed on Thursday by its team of lawyers led by Chief Wole Olanipekun (SAN), with Prince Lateef Fagbemi (SAN) also wants the Supreme Court to set aside the wrong interpretation given to its judgment of February 13, 2020 and the subsequent execution by the Independent National. electoral Commission (INEC).
The party is among others, contending that the Supreme Court, in its judgment, misinterpreted the November 12, 2019 judgment of the Federal High Court, Abuja which it (the Supreme Court) affirmed.
The APC argued that the Supreme Court acted without jurisdiction and denied it (the party) fair hearing when it proceeded to disqualify its governorship candidate even though the Federal High Court, in the judgment by Justice Inyang Ekwo, which the apex court affirmed, refused the plaintiffs’ prayer to disqualify Lyon.
The party also faulted the interpretation given to the Supreme Court judgment by the Independent National Electoral Commission (INEC) in deciding to issue certificate of return to the candidates of the Peoples Democratic Party (PDP).
It stated:
“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.”
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