Bayelsa: Tension as Supreme Court moves to reconvene for judgment on Guber election appeal
Lyon and APC in their applications argued by Chief Afe Babalola SAN and Chief Wole Olanipekun SAN respectively prayed the court to review and set aside the judgment of February 13, which voided their participation in the November 16, governorship election.
Babalola had in his submissions said that the Supreme Court has inherent decision and power to set aside its own decision because the judgment which voided the election of his client was a nullity on account of denial of fair hearing of his client. Olanipekun SAN on his part, argued that the apex court erred in law when it invoked section 36 of the Electoral Act to disqualify the APC’s participation in the election when the Federal High Court judgment restored by the Supreme Court did not disqualify the party’s eligibility.
However, counsel to the Peoples Democratic Party , Mr Tayo Oyetibo SAN, informed the apex court that the application by APC and its governorship candidate were dangerous invitation to the Supreme Court to violate section 285 of the 1999 constitution, for the court to sit on appeal over its own matter.
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