The last has not been heard about the judicial quagmire involving the Bayelsa governorship election –
The APC has returned to the Supreme Court to seek a review of the controversial judgment
The apex court has scheduled hearing for Wednesday, February 26 in the application by the APC The Supreme Court has scheduled hearing for Wednesday, February 26 in the application by the All Progressives Congress (APC) seeking among others, a review of its Thursday, February 13 judgment disqualifying the party’s candidate, David Lyon, in the last governorship election in Bayelsa state.
In the application filed on Thursday, February 20, 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: 1. It was wrong for the Supreme Court to affirm that the Federal High Court disqualified APC governorship candidate along with his deputy.
2. 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.
The Supreme Court had declared PDP’s Duoye Diri as the rightfully elected governor of Bayelsa state.
3. It is also the APC’s prayer that the Supreme Court sets aside the portion of the judgment where it ordered the Independent National Electoral Commission (INEC) to declare the candidates of the Peoples Democratic Party (PDP) as the winner of the governorship election among others The party also faulted the interpretation given to the Supreme Court judgment by INEC in deciding to issue a certificate of return to the candidates of the PDP.
Meanwhile, Femi Falana, a Lagos-based human rights lawyer and Senior Advocate of Nigeria (SAN), has said the apex court made a mistake in the Bayelsa verdict when it treated a pre-election matter as a post-election case.
According to Falana, section 133 of the electoral act stipulates that once candidates are declared, any challenge of the conduct of the election, of the qualification of the candidates shall be heard and determined by an election petition tribunal.
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