Again, a group of Senior Advocate of Nigeria, SAN have expressed their displeasure on the outcome and decision of the Supreme Court on the Bayelsa State Governorship petition that sacked Mr. David Lyon as the governor elect of that state.
They queried the leadership of the party for ignoring the free legal advice that they rendered to the national chairman of the party, Mr. Adams Aliyu Oshiomhole, wherein he was cautioned to stop the denigration of the nation’s apex court as well as his plan to appeal the judgement of the court.
In their estimation, the decision to challenge the Supreme Court judgement was a ploy to coarse the judges and force their lordships to rewrite the judicial history of Nigeria.
The Senior Advocates said that they have decided to seek the removal of the APC national chairman to stem-the-tide from sliding more into irreversible anarchy.
The Supreme Court came heavily on the All Progressives Congress and her lawyers while delivering judgement earlier today, February 26, 20020.
The Court described the request by the All Progressive Congress (APC) to review its judgment voiding the participation of its candidate in the Bayelsa governorship election as “vexatious, frivolous and an abuse of the court.”
The court, insisted that the suit filed on behalf of the APC, its sacked governor-elect and deputy governor-elect, Mr. David Lyon and Biobarakuma Degi-Eremienyo lacked merit and accordingly dismissed it.
The unanimous ruling delivered by Justice Amina Augie, the court decended heavily on the all counsels, including the applicants; Chief Afe Babalola and Wole Olanipekun for filing the motions which the court described as “regrettable motions and a deliberate desecration of the judiciary.
“I feel like shedding tears that senior counsels in this case would ever bring this kind of frivolous applications during my life time.” Justice Augie regrettably said.
She also ordered the lawyers, Chief Afe Babalola, SAN, and Chief Wole Olanipekun, SAN, to pay the sum of N10 million to each of the three respondents as fine, the Peoples Democratic Party, Governor Duoye Diri, and the Deputy Governor of Bayelsa State, Lawrence Ewhruojakpo, bringing the total amount to be paid to N60 million.
The Court held that by Order 8, Rule 16 of the Supreme Court, the court has no powers or authority to review any judgment delivered on merit safe for clerical error.
“This court is not authorised and indeed lacked jurisdiction to review any judgment delivered on merit, moreso when the applicants have not pointed out any accidental error or slip in the judgment. There must be an end to every litigation.
“This is final court and its decisions are final for all ages so as to ensure certainty in law.
“The two applications brought before us today lacked merit and constituted abuse of this court and they are liable to dismissal and are hereby dismissed”, the court held.
It will be recalled that Mr. Festus Keyamo, the Honourable Minister of Labour and Employment who is a Senior Advocate and Civil Rights lawyer had adviced the APC national chairman to look inward their party to find solutions to the failings of recent times.
Also, Mr. Muiz Banire SAN, the former National Legal Adviser of APC cautioned Oshiomhole not to put the authority of the apex court to test by challenging the judgement.
These calls came after the embattled chairman threatened that the shall be stalemate in Bayelsa due to the verdict that sacked APC candidate less than 24 hours before inauguration.
A confidant source told Midwest Herald late this evening, that the Mr. Adams Oshiomhole as at today, is standing close to the cliff edge and the question now, is, can he continue as national chairman without going over?