Wole Olanikpekun , SAN who is undoubtedly the master of technicalities is at it again. As many people know, he rarely lose cases and now he’s leading team of lawyers to reclaim mandate lost by Candidate of All Progressive Congress, (APC) David Lyon in last year’s Bayelsa governorship election, he is poised to win this case again.
Hear Him…..
The APC, in an application filed on Thursday by its team of lawyers led by Chief Wole Olanipekun (SAN), with Prince Lateef Fagbemi (SAN) also wants the Supreme Court to set aside the “wrong” interpretation given to its judgment of February 13, 2020 and the subsequent execution by the Independent National. electoral Commission (INEC).
The party is among others, contending that the Supreme Court, in its judgment, misinterpreted the November 12, 2019 judgment of the Federal High Court, Abuja which it (the Supreme Court) affirmed.
The APC argued that the Supreme Court acted without jurisdiction and denied it (the party) fair hearing when it proceeded to disqualify its governorship candidate even though the Federal High Court, in the judgment by Justice Inyang Ekwo, which the apex court affirmed, refused the plaintiffs’ prayer to disqualify Lyon.
It stated: “After reinstating the judgment of the trial court in the judgment of this honourobie court of the 13th February, 2020, in SC.1/2020 Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., this honourable court proceeded to disqualify the governorship candidate of the applicant (Lyon David Pereworimin) despite the fact that the trial High Court refused to grant the reliefs for his disqualification and there was no appeal against same.
“In this honourable court’s judgment of 13th February, 2020, the court erroneously and inadvertently stated that the trial High Court consequentially disqualified the applicant‘s governorship candidate even though the trial court made no such order and when the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification.”
It stated: “By an originating summons dated 12th September, 2019, in Suit NO: PHC/ABJ/CS/ 1101/2019 between Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., the respondents approached the Federal High Court for a total of 10 reliefs.
In the judgment of the Federal High Court, per Ekwo J., delivered on 12th November. 2019, the said court granted only 6 (six) of the reliefs.
“In the drawn up order of the Federal High Court duly signed by the trial judge the 6 (six) reliefs granted are clearly encapsulated therein.
“In specific reference to the reliefs for the disqualification of the governorship candidate of the applicant (Lyon Dovid Pereworimin), the trial court refused to grant the plaintiffs’ prayers to disqualify him.
“It was only the Deputy Governorship candidate of the applicant (Biobarakuma Degl-Eremienyo) that the trial High Court made an order of disqualification against.
“There was no cross-appeal to the Court of Appeal against the decision of the trial High Court refusing to make an order disqualifying the governorship candidate of the applicant (Lyon Dovid Pereworimin).
“In the judgment of this honourable court delivered on 13th February, 2019 this honourable court set aside the decision of the Court of Appeal and restored the decision of the trial High Court.
In the enrolled order of the judgment of the trial High Court, no disqualification order was mode against the applicant’s candidate (Lyon David Pereworimin), whether consequentially or otherwise.
“After reinstating the judgment of the trial court in the judgment of this honourable court of this 13th February, 2020, in SC.1/2020 Peoples Democratic Party (PDP) & 2 Ors. v. Biobarakuma Degi-Eremienyo & 3 ors., this honourable court proceeded to disqualify the governorship candidate of the applicant (Lyon David Pereworimin) despite the fact that the trial High Court refused to grant the reliefs for his disqualification and there was no appeal against same.
“In this honourable court’s judgment of 13th February, 2020, the court erroneously and inadvertently stated that the trial High Court consequentially disqualified the applicant‘s governorship candidate even though the trial court mode no such order and when the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification.
“This honourable court acted without jurisdiction by holding as in (xiii) and (xiv). supra (as contained in the two paragraphs above) and also breached applicant’s right to fair hearing.
“With respect, the portions of the judgment of this honourable court highlighted in the body of this application constitute a nullity.
“With respect, the decision of this honourable court of 13th February, 2020, in SC.1/ 2020 Peoples Democratic Party (PDP) & 2 ors. v. Biobarakuma Degi-Eremienyo & 3 ors., was premised on and vitiated by a fundamental error.
Will he succeed this time?
