Lyon, APC didn’t seek verdict review, say Olanipekun, Falana

Former All Progressives Congress (APC)governorship candidate in Bayelsa State Chief David Lyon, who was disqualified on the eve of his swearing-in, did not ask the Supreme Court for a review of the verdict, his lawyer Chief Wole Olanipekun (SAN) has said.

The SAN said Lyon and APC’s prayer was for the Supreme Court to correct its error in the judgment, which he said was permissible in law

Activist-lawyer Femi Falana (SAN) added that many Nigerians misunderstood the application.

Both SANs insisted that the Supreme Court made an error in the verdict, which should have been corrected.

They spoke in Lagos at the Second Pa Tunji Gomez Memorial Lecture, organised by a group of lawyers of Yoruba extraction, the Egbe Amofin Ni Eko.

The lecture, with the theme: ‘Tribunalisation’ of democracy in Nigeria, was delivered by Falana. Olanipekun chaired the event.

According to them, the Federal High Court judgment, which the Supreme Court relied on, only disqualified Lyon’s running mate and not Lyon himself.

Olanipekun, who was fined N30million along with Chief Afe Babalola (SAN) for bringing the application, believes that “there is no finality in the Supreme Court”.

He said: “If a court has made a mistake, should it remain? If a mistake has been made, and we say it should remain, I think it’s not good for the polity. It’s not good for the system. That is my take.”

Falana agreed, adding that the Supreme Court should have corrected the error, which he said was also applicable in the Imo case.

He said: “Where a judge had given a judgment and there are grave errors, the court must have the courage to own up. And that is what Justice Chima Nweze did (in his dissenting judgment on the Imo case).

“In an attempt to cover up, the Supreme Court descended on the lawyers.”

Falana urged Olanipekun and Aare Babalola to challenge the N60million fine imposed on them at the ECOWAS Court.

He said: “The challenge will be an attempt to explain what took place in the Supreme Court because there is a gross misunderstanding on the part of lawyers who have not read the applications.

“Chief Olanipekun and Chief Babalola did not approach the Supreme Court for a review of its judgment.

“They asked the Supreme Court to correct a judgment they arrived at per incuriam – there was a grave error concerning the affirmation of the judgment of the Federal High Court on the Bayelsa election.

“Whereas the Federal High Court did not ban the APC candidate, the Supreme Court did, erroneously, by saying that it was affirming the judgment of the Federal High Court.

“I would want to believe that the Supreme Court took its position because of the fear that it might be opening up a floodgate of applications for reviews.

“But, the Supreme Court ought to have drawn a line of dichotomy between meritorious applications and frivolous or vexatious motions.”

Falana, in his lecture, recommended that all election petitions should be handled by retired judges; that election petitions should be proved on the balance of probability rather than proof beyond doubts, and that prosecution of electoral offenders (as against rewarding them with rerun polls) should be taken more seriously.

He further recommended that pre-election matters must be decided before elections, arguing that it is wrong to disqualify someone who won an election based on a pre-election issue.

Egbe Amofin Ni Eko Chairman Otunba Martin Ogunleye said the theme was chosen to examine the rising phenomenon of courts determining virtually all election outcomes, which he said is undemocratic.

“The lecture is in recognition of all Pa Gomez stood for. Our country is in a critical time when we as lawyers need to step up and do more public interest litigation in imitation of Pa Gomez,” he said.

Also at the event were Lagos Attorney-General Moyosore Onigbanjo (SAN), former Nigerian Bar Association (NBA) President Mrs. Priscilia Kuye, former NBA General Secretary Dele Adesina, former NBA Section on Business Law Chairman Olu Apata, among others.

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