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Why Supreme Court declined to reverse its judgement in Bayelsa……awards N60m cost against Lyon, Degi-Eremieoyo, APC

Date:

……awards N60m price in opposition to Lyon, Degi-Eremieoyo, APC

ABUJA—The Supreme Courtroom, on Wednesday, declined to reverse its judgement that sacked David Lyon and Degi-Eremieoyo as governor and deputy-governor elect of Bayelsa state.
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The apex courtroom, in a unanimous resolution by a seven-man panel of Justices headed by Justice Sylvester Ngwuta, dismissed the 2 totally different purposes that sought to put aside the judgement it delivered in opposition to Lyon and his deputy on February 13. Within the lead verdict that was delivered by Justice Amina Augie, the apex courtroom, described recent purposes that have been filed by Lyon, his deputy and the All Progressive Congress, APC, as “extremely vexatious, frivolous and gross abuse of the judicial course of”. It held that the purposes have been geared toward “desecrating the sanctity of the courtroom”, stressing that it was an invite for the Supreme Courtroom to sit down on enchantment over its closing judgement. In accordance with Justice Augie, “It’s clear that the 2 purposes lack benefit and constituted an abuse of courtroom course of”. She stated there was little question that the purposes have been aimed to overview a closing judgement of the apex courtroom, in violation of Order Eight Rule 2 of the Supreme Courtroom Act. Justice Augie confused that using the necessary phrase “Shall” within the stated Order 8, was a sign that such software for overview of ultimate judgement of the courtroom was certain to fail.
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“The courtroom is nor authorised and lacks the jurisdiction to overview its judgement”, she held, including that the Candidates didn’t both present that there was any clerical error, unintended slip or fee, or that any facet of the judgement that wanted to be various. She stated the only real goal of the Candidates was to set-aside “operative and substantive components of the judgement”, regardless of the availability of part 235 of the 1999 structure, as amended, that gave the Supreme Courtroom the ultimate say in each enchantment. “As soon as this courtroom has lastly decided a problem, it’s functus-officio. It’s closing endlessly, solely laws can alter it. It’s closing for all ages. No drive on earth can get this courtroom to shift its place on Bayelsa matter”, Justice Augie held.

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“There should be an finish to litigation to make sure certainty within the regulation”, she added, saying “there should be finality to resolution of the courtroom”. Justice Augie held that if the purposes weren’t dismissed, “each disaffected litigant will convey appeals ad-infinitum. This should not be allowed”. She expressed her disappointment that counsel to the Candidates, being senior members of the authorized occupation, inspired their purchasers to desecrate the sanctity of the apex courtroom. Consequently, Justice Augue awarded a value of N10million every in opposition to Lyon, Degi-Eremieoyo and APC, to be paid in favour of governor Douye Diri, his deputy, Lawrence Ewhruojakpo and the Peoples Democratic Celebration, PDP. She ordered that the associated fee ought to be personally paid by attorneys to all of the Candidates. Earlier, Lyon and his deputy had by way of their lawyer, Chief Afe Babalola, SAN, maintained that the Supreme Courtroom had inherent powers to put aside its personal judgement when it constituted a nullity. Babalola, SAN, contended that the judgement was a nullity because it amounted to a breach of the precise of truthful listening to of his purchasers. “The process adopted by this courtroom on February 13 was such that disadvantaged the judgement of the character of a reliable adjudication”, he argued, saying the earlier panel that was headed by Justice Mary Odili failed to think about the difficulty of reason behind motion earlier than it disqualified each Lyon and Degi-Eremieoyo”, he argued. Likewise, the APC, by way of its lawyer, Chief Wole Olanipekun, SAN, additionally argued an identical software he filed on February 23 to problem the judgement he stated was entered in error.
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Counsel to the PDP, Chief Tayo Oyetibo, SAN, nonetheless, described the 2 purposes as “undisguised invitation for the Supreme Courtroom to abuse of the 1999 Structure, particularly part 235″. He stated: ” This courtroom is the ultimate courtroom of the land, however these candidates are attempting to represent this courtroom to an appellate courtroom over the February 23 judgement. It’s an invite for this courtroom to sit down in enchantment over its personal closing judgement. The purposes need to be summarily dismissed. “As soon as this courtroom has given full-blown listening to to an enchantment and an order made, that order is closing and closing endlessly. “It will likely be scandalous if this software is granted. Below part 22 of the Supreme Courtroom Act, this courtroom has vast powers to make orders similar to directing INEC to withdraw the Certificates of Return it earlier issued”.
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He maintained that the order the Supreme Courtroom made in its February 13 judgement was not misplaced. “Grant of those purposes will engender juridical instability within the nation. Your lordships will discover that after this software is granted, over 1000 purposes will flood this courtroom throughout the subsequent one month. What purpose will this courtroom give as to not accede to their purposes?”, Oyetibo queried.She stated even when the apex courtroom was minded to overview its judgement, there was no assure that the PDP and its candidates wouldn’t additionally file their very own software for a overview.

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Equally, counsel to governor Diri, Yunuz Uztaz, SAN, and that of his deputy, Chief Chris Uche, SAN, prayed the apex courtroom to dismiss the purposes for constituting a gross abuse of courtroom course of. Arguing his preliminary objection, Uche, SAN, maintained that the Supreme Courtroom had turn into functus-officio within the matter because it has already handed down its closing judgement. He argued that granting the request would “open floodgate for the bastardization of judgements of the Supreme Courtroom”. “We urge your lordships to say no this harmful invitation to violate the structure. It’s going to erode the dignity of the Supreme Courtroom as the ultimate courtroom of the land.
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“For this reason we pray your lordships to dismiss the purposes with substantial price to forestall additional abuse of processes of this courtroom”, Uche submitted. On its half, the Impartial Nationwide Electoral Fee, INEC, by way of its lawyer, Mr. Taminu Inuwa, SAN, stated it will abide by the choice the courtroom.

Chukwuma Amaechi
Chukwuma Amaechihttp://evergreennewsonline.com
A Certified Senior Editor/Creative Writer @Evergreennewsonline Media, Graphic Designer, Chemical Engineer, & a Radical Entrepreneur

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