APC Approaches Supreme Court docket to Assessment Bayelsa Judgment

  • Gov, PDP, Falana, condemn assault on Justice Odili
  • Oshiomhole, Sylva deny involvement

Davidson Iriekpen in Lagos, Chuks Okocha, Alex Enumah, Udora Orizu in Abuja and Onungwe Obe in Yenagoa

The All Progressives Congress (APC) Thursday approached the Supreme Court docket with a contemporary software asking the apex courtroom to reverse its judgment that voided the victory of its candidate, Mr. David Lyon, within the final governorship election in Bayelsa State.

The APC, within the software filed on its behalf by its staff of attorneys led by Chief Wole Olanipekun (SAN), is praying the apex courtroom to put aside the “incorrect” interpretation given to its judgment of February 13, 2020 and the following execution of the judgment by INEC, which led to the inauguration of Senator Douye Diri of the Peoples Democratic Occasion (PDP) as governor.

The APC’s software got here as extra condemnations trailed the assault on the Abuja dwelling of Justice Mary Odili, who headed the Supreme Court docket panel that deliberated on the Bayelsa attraction.

Amongst those that flayed the assault have been PDP, Diri, human rights activist, Mr. Femi Falana (SAN) and the Deputy Minority Chief, Home of Representatives, Hon. Toby Okechukwu.

Nonetheless, Minister of State for Petroleum, Chief Timipre Sylva, who was accused of being among the many sponsors of the assault, denied any involvement within the protest.

Final week, the Supreme Court docket had voided the candidacy of Lyon and his deputy, Senator Biobarakuma Degi-Eremienyo, on account of Degi-Eremienyo’s presentation of false data to the Unbiased Nationwide Electoral Fee (INEC) to assist his qualification within the November 16 governorship election in Bayelsa State.

The APC, in its software for the evaluation of the judgment, mentioned the apex courtroom misinterpreted the November 12, 2019 judgment of the Federal Excessive Court docket, Abuja, which it (the Supreme Court docket) affirmed.

The celebration averred that the Supreme Court docket acted with out jurisdiction and denied it truthful listening to when the courtroom proceeded to disqualify its governorship candidate though the trial courtroom within the judgment ,which the apex courtroom affirmed, refused the plaintiffs’ prayer to disqualify Lyon.

The celebration additionally faulted the interpretation given to the Supreme Court docket judgment by INEC in issuing certificates of return to Diri.
“On this honourable courtroom’s judgment of February 13, 2020, the courtroom erroneously and inadvertently said that the trial excessive courtroom consequentially disqualified the applicant‘s governorship candidate though the trial courtroom made no such order and when the trial courtroom certainly refused to grant the specific orders sought by the plaintiffs therein for his disqualification.”

The APC, requested the courtroom to put aside parts of its judgment the place it held that the Federal Excessive Court docket, in disqualifying its deputy governorship candidate, disqualified its governorship candidate; and the place it held that joint ticket of its candidates was vitiated by the disqualification of the deputy governorship candidate and that each candidates are deemed to not be candidates within the election.

It prayed the courtroom to put aside the portion of the judgment the place it ordered INEC to declare as winner of the governorship election, the candidates with the best variety of lawful votes; and the place it ordered INEC to withdrew the certificates of return issued to its governorship candidate and difficulty a contemporary one to the candidate with the best variety of lawful votes.

The APC argued that it was incorrect for the apex courtroom to have voided its candidates’ participation within the election, when the judgment by the Federal Excessive Court docket, disqualifying its deputy governorship candidate, was stayed as at when the election was carried out.

“Applicant and its governorship and deputy governorship candidates timeously appealed the judgment of the Federal Excessive Court docket to the Court docket of Enchantment, and likewise utilized for a keep of execution of the mentioned judgment pending attraction.

“As on the time the governorship election in Bayelsa State was carried out on November 16, 2019 the order for keep of execution granted by the Court docket of Enchantment was subsisting and there was no attraction in opposition to it.

“The judgment of the Court docket of Enchantment was delivered on December 23, 2019 whereby the Court docket of Enchantment put aside the choice of the trial Excessive Court docket delivered on November 12, 2019.

“There was no cross-appeal to the Court docket of Enchantment in opposition to the choice of the trial excessive courtroom refusing to make an order disqualifying the governorship candidate of the applicant. (Lyon David Pereworimin).

“Within the judgment of this honourable courtroom delivered on February 13, 2019 this honourable courtroom put aside the choice of the Court docket of Enchantment and restored the choice of the trial excessive courtroom.

“Within the enrolled order of the judgment of the trial excessive courtroom, no disqualification order was made in opposition to the applicant’s candidate (Lyon David Pereworimin), whether or not consequentially or in any other case.”

Bayelsa Gov, PDP, Falana, Condemn Assault on Justice Odili

In the meantime, Diri, Falana and Okechukwu have condemned the assault on the residence of Justice Odili by political hoodlums over the decision of the apex courtroom on the Bayelsa governorship election.

Diri, in a statewide broadcast thursday, described the assault as sponsored and a desecration of a nationwide establishment.
The governor saluted the braveness of the justices of the Supreme Court docket of their quest to uphold democratic ideas.

He additionally thanked President Muhammadu Buhari for not yielding to stress to intrude with the authorized course of in addition to his authorized staff for placing up a sterling efficiency.
The governor contended that victory in a political contest shouldn’t be seen as an finish in itself however as a method to foster peace, stability and improvement in all spheres.

A press release by his Appearing Chief Press Secretary, Mr. Daniel Alabrah, quoted the governor as stressing the necessity to make life extra significant by creating an enabling setting that will engender financial actions and supply employment alternatives for the youth.
Okechukwu additionally decried the continued dwindling of the nation’s democratic credentials and fortunes, describing the incident as an ominous improvement for the nation’s democracy.

The lawmaker mentioned judicial officers have to be free to dispense justice with out worry or favour.

He said that the judiciary has come beneath assaults lately, saying that that is harmful for our democracy.
On his half, Falana referred to as on the Inspector Normal of Police, Mr. Mohammed Adamu, to probe the invasion.

He mentioned the invasion was an infringement on Justice Odili’s elementary proper to privateness assured by Part 37 of the 1999 Structure.
Falana, in a press release yesterday, described the suitable of Nigerian judges to resolve instances with out worry or favour as an integral a part of judicial independence assured by Part 36 (1) of the structure.

He added that by no means within the historical past of Nigeria has a justice of the Supreme Court docket been subjected to such embarrassment over his or her determination.

He added that since each APC and PDP have accused one another of sponsoring the protest, the Inspector Normal of Police ought to examine the incident.
He famous that upon the conclusion of the investigation, the report needs to be forwarded to the Lawyer-Normal of the Federation with a view to charging the demonstrators with prison trespass opposite to Part 349 of the Penal Code relevant within the Federal Capital Territory.

He additionally urged the Nationwide Judicial Council (NJC) to take up the invasion of Justice Odili’s official residence with Buhari.
He referred to as on the Nigerian Bar Affiliation (NBA) to observe up the investigation and prosecution of the invaders.
Additionally reacting, the PDP condemned the federal authorities’s delay in arresting APC Nationwide Chairman, Mr. Adams Oshiomhole, for allegedly inciting the assault on Justice Odili.

The PDP mentioned it was clear that the assault on Justice Odili was a part of APC’s alleged plot to intimidate, harass and cow the judiciary and judges to do solely its bidding in delivering judgments on instances involving the PDP and its members.

The PDP in a press release by its Nationwide Publicity Secretary, Mr. Kola Ologbondiyan, mentioned the APC ought to know that Nigerians weren’t deceived by effort by its management to politicise the assault on Justice Odili by making flimsy and baseless allegations in opposition to the PDP, in a failed bid to divert public consideration from their culpability within the assault.

The PDP described as distressing the Inspector Normal of Police’s alleged failure to arrest Oshiomhole for allegedly instigating the assault on Justice Odili.

Oshiomhole, Sylva Deny Involvement within the Assault

Nonetheless, Oshiomhole and Sylva have denied any involvement within the protest at Odili’s residence.

Responding to PDP’s allegation that he is without doubt one of the sponsors of the assault on Justice Odili, Sylva mentioned thursday he had nothing to do with the incident.
He additionally berated Rivers State Governor, Mr. Nyesom Wike, for alleging that he and Oshiomhole have been behind the protests.

Describing the claims of Wike as outright falsehood, Sylva mentioned the governor may have organised the protests to blackmail the APC management earlier than the Supreme Court docket realizing that the APC was ready to method the courtroom for a evaluation.

Sylva mentioned Wike’s allegations amounted to including salt to an harm as a result of he had been so numbed for the reason that judgment was handed that the one factor he may take into consideration was to method the courtroom for a evaluation.

Sylva, within the assertion he personally signed, mentioned: “I returned February 19th, 2020, from an official engagement overseas to learn Governor Nyesom Wike’s assertion to the impact that Comrade Adams Oshiomhole and I are liable for protests in entrance of Governor Peter and Justice Mary Odili’s home.
“There is no such thing as a reality in that unusual declare. Governor Wike ought to know in what excessive esteem I maintain Governor Peter and Justice Odili whom I’ve recognized and labored with lengthy earlier than Governor Wike got here into the image. It won’t happen to me to malign the individual and picture of individuals I maintain up as function fashions.”

On his half, Oshiomhole, in a press release issued by his Chief Press Secretary, Mr. Simon Egbulem, described the allegation by the Rivers State Commissioner for Data and Communication, Mr. Paulinus Nsirim, linking him (Oshiomhole) with the assaults on Odili’s residence, as a reckless defamation of character.

He additionally mentioned the allegation was unbecoming of a state authorities that’s presupposed to function beneath the rule of legislation together with equity and justice to all.
“For readability, Oshiomhole was not in any method concerned within the motion that passed off on the residence of Dr. Odili, a gentleman for whom Oshiomhole has super respect as a buddy of a few years, regardless of political variations,” the assertion mentioned.

Oshiomhole mentioned he condemned any harassment on Justice Mary Odili, including that as a one-time beneficiary of judicial redress of injustice all the time, he additionally holds the judiciary within the highest esteem.

The assertion added that the APC beneath Oshiomhole’s management has returned to the Supreme Court docket searching for the evaluation of the judgment, including that the step is the democratic tradition to which Oshiomhole subscribes.

The assertion argued that it’s the police that ought to give account of what occurred on the residence of Odili primarily based on investigation and never the Rivers State authorities in Port Harcourt.


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