The All Progressive Congress (APC) has filed an application before the supreme court, seeking reversal of the judgment which sacked David Lyon as winner of the Bayelsa governorship election.
Exactly a week ago, the apex court affirmed the verdict of a federal high court which disqualified Biobarakuma Degi-Eremienyo, Lyon’s running mate, for submitting forged credentials to the Independent National Electoral Commission (INEC).
The supreme court held that the action of Degi-Eremienyo affected Lyon because both of them ran on a joint ticket.
However, in the application filed by Wole Olanipekun and Lateef Fagbemi, counsels to the APC, the party submitted that the apex court misinterpreted the judgment of the federal high court and disqualified Lyon erroneously.
The party argued that although the November 12, 2019, judgment of the trial court found Degi-Eremienyo guilty of submitting forged certificates, Inyang Ekwo, a judge, refused to grant the prayers of the PDP which asked for Lyon’s disqualification.
“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,” the APC said
“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.”
The APC added that they obtained a stay of execution against the judgment of the federal high court to enable the candidates partake in the November 16 election.
They argued that the opposition party (PDP) never filed a cross appeal at any point against the decision of the high court refusing to make an order disqualifying Lyon.
APC also prayed the court to set aside the order which directed INEC to withdraw Lyon’s certificate of return.