The Supreme Court on Wednesday described the request by the All Progressive Congress (APC) to review its judgment voiding the participation of its candidate in the Bayelsa governorship election as vexatious, frivolous and an abuse of the court.
It also slammed N60m fine against the lawyers of the APC, Afe Babalola and Wale Olanipekun.
The apex court, therefore, held that the suit filed on behalf of the APC, its sacked governor-elect and deputy governor-elect, Mr David Lyon and Biobarakuma Degi-Eremienyo lacked merit and accordingly dismissed it.
In the unanimous ruling delivered by Justice Amina Augie, it came down heavily on the counsel to the applicants, Chief Afe Babalola and Wole Olanipekun for filing the motions which the court described as regrettable motions and a deliberate desecration of the judiciary.
“I feel like shedding tears that a senior counsel in this case would ever bring this kind of frivolous applications during my life time”, Justice Augie said in an emotion laden voice.
She also ordered the lawyers, Chief Afe Babalola, SAN, and Chief Wole Olanipekun, SAN, to pay the sum of N10 million to each of the three respondents as fine.
The beneficiary respondents are the Peoples Democratic Party, PDP, Governor, Duoye Diri and his deputy, Senator Lawrence Ewhujapkor.
In the ruling that lasted about 30 minutes, Justice Augie held that by Order 8, Rule 16 of the Supreme Court, the court has no powers or authority to review any judgment delivered on merit safe for clerical error.
“This court is not authorised and indeed lacked jurisdiction to review any judgment delivered on merit, moreso when the applicants have not pointed out any accidental error or slip in the judgment. There must be an end to every litigation.
“This is final court and its decisions are final for all ages so as to ensure certainty in law.
“The two applications brought before us today lacked merit and constituted abuse of this court and they are liable to dismissal and are hereby dismissed”, the court held.
Justice Augie said the fine is to be personally paid by the lawyers.
The apex court, therefore, held that the suit filed on behalf of the APC, its sacked governor-elect and deputy governor-elect, Mr David Lyon and Biobarakuma Degi-Eremienyo lacked merit and accordingly dismissed it.
In the unanimous ruling delivered by Justice Amina Augie, it came down heavily on the counsel to the applicants, Chief Afe Babalola and Wole Olanipekun for filing the motions which the court described as regrettable motions and a deliberate desecration of the judiciary.
“I feel like shedding tears that a senior counsel in this case would ever bring this kind of frivolous applications during my life time”, Justice Augie said in an emotion laden voice.
She also ordered the lawyers, Chief Afe Babalola, SAN, and Chief Wole Olanipekun, SAN, to pay the sum of N10 million to each of the three respondents as fine.
The beneficiary respondents are the Peoples Democratic Party, PDP, Governor, Duoye Diri and his deputy, Senator Lawrence Ewhujapkor.
In the ruling that lasted about 30 minutes, Justice Augie held that by Order 8, Rule 16 of the Supreme Court, the court has no powers or authority to review any judgment delivered on merit safe for clerical error.
“This court is not authorised and indeed lacked jurisdiction to review any judgment delivered on merit, moreso when the applicants have not pointed out any accidental error or slip in the judgment. There must be an end to every litigation.
“This is final court and its decisions are final for all ages so as to ensure certainty in law.
“The two applications brought before us today lacked merit and constituted abuse of this court and they are liable to dismissal and are hereby dismissed”, the court held.
Justice Augie said the fine is to be personally paid by the lawyers.
from dailypost..
Real Oturugbeke
ReplyDeleteGood. When you know your client is at fault here because you believe na APC dem dem.
ReplyDeleteIt is remaining zamfara. That one should be 200 million
I dont know why people will do anything..Just because of money..It is very sad..Even the judiciary is so involved in the rot..This country is on a lockdown..
ReplyDeleteNa wah
ReplyDeleteThis one na only few comments you go get because alot of readers are lazy to read or comprehend intellectual stuff......harworking Nigerian youths.
ReplyDeleteI'm lawyer and I love this judgment. What were those two very senior lawyers thinking? Is the Supreme Court a kangaroo court? You know the law but because APC is pushing you, you think you can turn Nigeria upside down. They should have given their candid and honest professional opinion of not being able to pursue the case any further and should have turned down ndi APC. Idiot senior lawyers. And they don't pay their staff well o. Mtchew
ReplyDeleteAren't we in a Kangaroo Country? Better still, ZOO!
DeleteLove this!
ReplyDeleteThe judiciary is the last hope of the common man, though the rot in the country is evident in the judicial system, it's refreshing to know that there are still judges that will call a spade a spade and not a garden fork plus 60 million naira fine on top.
A precedent has been laid. Good!
ReplyDeletevery good.hubby and I were discussing this days ago and wondering if the supreme court will agree to review this case. it would set a bad precedent and make a mockery of the supreme court. it is even a shame that na SANs go dey file this kind appeal for review..imagine asking a whole supreme court to review case that means you are saying they did not do a thorough job...abeg i no be lawyer oh, just my layman knowledge about supreme court judgments...lol
ReplyDeleteI hope all these hailings for SC will continue any day the ruling goes against PDP. What the APC did with the Bayelsa review request is a fall out of the review request on IMO where the whole panel unanimously gave a ruling. We are waiting for the SC rule on that request
ReplyDelete