No force on earth can get us shift position on Bayelsa – Supreme Court

 

• Awards N30 million cost against Lyon, Degi-Eremieoyo, APC
• Cost to be paid by Applicants lawyers

 

BY OUR EDITOR

The Supreme Court of Nigeria has declared that no force on earth can get it to shift position on its judgment nullifying the victory of David Lyon of the All Progressives Congress (APC) as governor-elect of Bayelsa State.

The apex court, on Wednesday, declined to reverse its judgment that sacked Lyon and Degi-Eremieoyo as governor and deputy governor-elect, respectively, of Bayelsa state.

In a unanimous decision by a seven-man panel of Justices headed by Justice Sylvester Ngwuta, the Supreme Court dismissed two different applications that sought to set aside the judgment it delivered against Lyon and his deputy on February 13.

In the lead verdict delivered by Justice Amina Augie, the apex court, described fresh applications by Lyon, his deputy and APC as “highly vexatious, frivolous and gross abuse of the judicial process.”

It held that the applications were aimed at “desecrating the sanctity of the court”, stressing that it was an invitation for the Supreme Court to sit on appeal over its final judgment.

“Once this court has finally determined an issue, it is functus-officio. It is final forever, only legislation can alter it. It is final for all ages. No force on earth can get this court to shift its position on Bayelsa matter,” Justice Augie held.

According to Justice Augie, “It is clear that the two applications lack merit and constituted an abuse of court process”.

She said there was no doubt that the applications were aimed to review a final judgment of the apex court, in violation of Order 8 Rule 2 of the Supreme Court Act.

READ: Supreme Court nullifies APC’s governorship victory in Bayelsa

Justice Augie stressed that the use of the mandatory word “Shall” in the said Order 8, was an indication that such application for review of final judgment of the court was bound to fail. “The court is not authorised and lacks the jurisdiction to review its judgment”, she held, adding that the applicants failed to either show that there was any clerical error, accidental slip or commission, or that any aspect of the judgment needed to be varied.

She said the sole aim of the Applicants was to set-aside “operative and substantive parts of the judgment”, despite the provision of section 235 of the 1999 constitution, as amended, that gave the Supreme Court the final say, in every appeal.

According to Justice Augie, even if the apex court was minded to review its judgment, there was no guarantee that the PDP and its candidates would not also file their own application for a review.

“There must be an end to litigation to ensure certainty in the law,” she added, saying “there must be finality to decision of the court”.

Justice Augie held that if the applications were not dismissed, “every disaffected litigant will bring appeals ad-infinitum. This must not be allowed.”

She expressed her disappointment that counsel to the Applicants, being senior members of the legal profession, encouraged their clients to desecrate the sanctity of the apex court.

Consequently, Justice Augie awarded a cost of N10 million each against Lyon, Degi-Eremieoyo and APC, to be paid in favour of governor Douye Diri, his deputy, Lawrence Ewhruojakpo and the PDP.

READ: Bayelsa Governorship Election: Court orders INEC to remove APC candidate

She ordered that the cost should be personally paid by lawyers to all the Applicants.

Earlier, Lyon and his deputy had through their lawyer, Chief Afe Babalola, SAN, maintained that the Supreme Court had inherent powers to set aside its own judgement when it constituted a nullity. Babalola, SAN, contended that the judgment was a nullity as it amounted to a breach of the right of fair hearing of his clients.

Meanwhile, Bayelsa Governor, Senator Douye Diri, has said the Supreme Court’s ruling was only affirmation of God’s judgement on the state.

Diri, in a statement by his Acting Chief Press Secretary, Daniel Alabrah, also said that there was no victor no vanquished as the victory was for all Bayelsans regardless of party affiliation.

He commended the courage and sagacity of the apex court justices in affirming their earlier judgement of February 13, 2020.

He said: “Once again, I describe myself as a miracle governor. So the Supreme Court just affirmed the judgement of the Almighty God, who made it possible for me to become the governor of Bayelsa State.