Supreme Court to hear APC’s request for Bayelsa judgment’s review Feb 26
The Supreme Court has scheduled hearing for this Wednesday (February 26) in the application by the All Progressives Congress (APC) seeking among others, a review of its February 13, 2020 judgment disqualifying the party’s candidate in the last governorship election in Bayelsa State, Lyon David Pereworimin, The Nation reported.
It was learnt on Sunday that the Registry of the Supreme Court has communicated the date of hearing to parties.
It was however not clear on Sunday whether or not respondents to the APC’s application have filed their responses to the application.
In the application filed on February 20, 2020 by its team of lawyers led by Wole Olanipekun (SAN), the APC wants the Supreme Court to set aside some portions of its judgment.
They include where it “wrongly” held that the Federal High Court disqualified its governorship candidate along with its deputy 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.
It is also the APC’s prayer that the Supreme Court sets 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; and where it ordered INEC to withdrew 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, because the judgment by the Federal High Court, which disqualified its deputy governorship candidate, was stayed as at when the election was conducted.
The APC 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).
It is APC’s contention, among others, 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. Nation.
