The All Progressives Congress (APC) has returned to the Supreme Court; asking the court to reverse its judgment disqualifying David Lyon, its candidate in the 2019 governorship election in Bayelsa.
The party’s application was filed on Thursday by its team of lawyers led by Chief Wole Olanipekun,SAN.
Further, the APC wants the Supreme Court to set aside the wrong interpretation in its judgment of February 13; as well as its subsequent execution by the Independent National Electoral Commission (INEC). Additionally, the party insists that the apex Court misinterpreted the November 12, 2019 judgment of the Federal High Court; Abuja which it affirmed. The party argued that the Supreme Court acted without jurisdiction and denied it fair hearing; when it proceeded to disqualify its governorship candidate.
Also, the APC faulted the interpretation given to the Supreme Court judgment by INEC; in deciding to issue a certificate of return to the candidates of the Peoples Democratic Party (PDP).
It stated: “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.”
Supreme Court wrong in voiding candidates’ participation in Bayelsa election, APC insists
Consequently, the APC has urged the Supreme Court to set aside portions of its judgment; where it held that the Federal High Court, in disqualifying its Deputy Governorship candidate; proceeded to disqualify its governorship candidate.
“And where it held that joint ticket of its candidates was vitiated by the disqualification of the Deputy Governorship candidate; and that both candidates are deemed not to be candidates in the election.”
Further, it prayed the Supreme Court to set aside the portion of the judgment where it ordered INEC; to declare as winner of the governorship election, candidates with the highest number of lawful votes.
‘‘Also where it ordered INEC to withdraw the certificate of return issued to its governorship candidate; and the issuance of fresh one to the candidate who had the highest number of lawful votes”.
The APC argued that it was wrong for the Supreme Court to have voided 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.