The Supreme Court on Wednesday threw out the applications for the review of its February 13, judgment nullifying the victory of the All Progressives Congress’ candidates in November 16 governorship election in Baylea State.
The court also awarded a cost of N30m against each of the lawyers who represented the parties.
David Lyon was represented by Mr. Afe Babalola (SAN) APC was represented by Mr. Wole Olanipekun.
In the unanimous ruling of its seven-man panel led by Justice Sylvester Ngwuta, the apex court declared that its judgment on the election was “final in the real sense of the word, final, and no force can get this court to shift from its decision. It is final in the sense of real finality. It is final forever, only a legation can alter it.”
In the lead judgment read by Justice Amina Augie, the justices described the applications filed by the APC and its governorship candidate at the poll, David Lyon, as “vexatious, frivolous, and constitute a gross abuse of court process”.
They also described the applications as lacking in merit.
Justice Augie noted that the apex court lacked jurisdiction to review its judgment except in few circumstances when there was the need to correct clerical slip or vary it to give effect to the spirit and intention of the judgment, pointing out that the APC and its candidates had not sort that, but were asking the court to “vary the operative and substantive part of the judgment.”
She also held that granting the applications would open a floodgate of such applications, diminish the finality of the decisions of the apex court and make the law uncertain.
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Justice Augie further ruled that the applications amounted to an invitation to the apex court to sit in appeal on its earlier judgment, a situation which she held would violate section 235 of the Constitution which ascribes finality to the apex court’s decision.
According to her, also, by virtue of Order 8, Rule 16 of the Supreme Court Rules, the apex court lacked jurisdiction to review its judgment except in some few situations where there is the need to correct clerical slips or vary it to reflect the real intention of the judgment.
She ruled, “They have not pointed out any clerical slip or omission in the said judgment or shown this court any part of the said judgment that needs to be varied so as to give effect to its spirit or intention.
“They are asking the court to vary the operative and substantive part of the judgment and thereby substitute it with different form entirely. However, there must be an end to litigation.”
Justice Augie also expressed regrets and displeasure that “very senior members of the bar” were responsible for the filing of the applications which she noted was “aimed at desecrating the sanctity of the court”.
She therefore awarded the costs of N30m against each of the applicants’ lawyers, Chief Afe Babalola (SAN) representing Lyon, and Chief Wole Olanipekun (SAN), representing the APC.
The costs are in favour of the three respondents who opposed the applications; the Peoples Democratic Party, whose legal team was led by Mr. Tayo Oyetibo (SAN); Bayelsa State Governor Duoye Diri, represented by Yunus Usman (SAN), and the deputy governor, Lawrence Ewhruojakpo, represented by Chris Uche (SAN).
