The All Progressives Congress (APC)has asked the Supreme Court to reverse its decision to disqualify its candidate in the last governorship election in Bayelsa State, David Lyon.
The Supreme Court had last Thursday nullified the election of Bayelsa State governor-elect, David Lyon and his running mate Biobarakuma Degi-Eremienyo.
A five-man panel of the Supreme Court led by Justice Mary Peter-Odili ordered INEC to withdraw the Certificate of Return issued to the All Progressives Congress’ candidates as the winners of the November 16, 2019 governorship election in the state.
Justice Peter-Odili asked INEC to issue a fresh certificate to the governorship candidate with the highest votes cast and wide geographical spread in the governorship election held on November 16, 2020.
Obeying the directive of the Supreme Court, INEC Chairman, Yakubu Mahmoud on Friday then declared PDP candidate, Douye Diri winner and issued him certificate of return.
In an application filed on Thursday by APC team of lawyers led by Wole Olanipekun (SAN), with Prince Lateef Fagbemi (SAN) also asked 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 accused the Supreme Court of acting without jurisdiction and denying it (the party) fair hearing when it proceeded to disqualify its governorship candidate.
It stated: “After reinstating the judgment of the trial court in the judgment of this honourable 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.”