The All Progressives Congress (APC) has asked the Supreme Court to reverse the judgment that annulled the victory of David Lyon in the 2019 governorship election in Bayelsa state.
In a unanimous judgment read by Justice Ejembi Ekwo, the apex court ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return presented to Lyon on 21 November, 2019.
A five-man panel of the court, led by Justice Mary Peter-Odili, disqualified the deputy governorship candidate of the APC, Degi-Eremienyo, deemed to have presented fake certificates.
Lyon got 352,552 votes to defeat the candidate of the Peoples Democratic Party (PDP), Duoye Diri, who polled 143,172 votes.
But based on the judgment, Diri has since been sworn in as the number one citizen of the oil-rich state.
However, the APC believes Lyon’s votes ought not to have been cancelled by the apex court.
The party’s application was filed on Thursday by its team of lawyers led by Chief Wole Olanipekun (SAN).
The APC wants the Supreme Court to set aside the wrong interpretation in its judgment of February 13.
The party argued that the Supreme Court acted without jurisdiction and denied it fair hearing when it proceeded to disqualify its governorship candidate.
“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,” the APC application read.
“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.”