Bayelsa: Supreme Court errs, lacks jurisdiction to sack David Lyon - Falana finally reacts

Bayelsa: Supreme Court errs, lacks jurisdiction to sack David Lyon - Falana finally reacts

- A human rights lawyer, Femi Falana, has reacted to Supreme Court judgement on Bayelsa governorship election

- The apex court had on February 13, sacked the former governor-elect of the state, David Lyon

- Falana, however, said that the Supreme Court made a mistake by sacking Lyon over allegation leveled against his running mate, Biobarakuma Degi-Eremieoyo

Femi Falana, a Lagos-based human rights lawyer and Senior Advocate of Nigeria (SAN), has reacted to the judgment of the Supreme Court on the governorship election in Bayelsa state.

Channels TV reports that the lawyer said the apex court made a mistake when it treated a pre-election matter as a post-election case.

Legit.ng gathered that Falana noted that section 133 of the electoral act stipulates that once candidates are declared, any challenge of the conduct of the election, of the qualification of the candidates shall be heard and determined by an election petition tribunal.

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He said: “What their Lordships ought to have done was to ask the lawyers, ‘can you address us with respect to our jurisdiction?’

“Because Section 133 of the Electoral Act stipulates that upon the conclusion of an election and once candidates are declared, any challenge of the conduct of the election, of the qualification of the candidates shall be heard and determined by an election petition tribunal."

Bayelsa: Supreme Court errs, lacks jurisdiction to sack David Lyon - Falana finally reacts

A Lagos-based human rights lawyer, Femi Falana.
Source: UGC

The court disqualified Degi-Eremieoyo as a candidate in the election for submitting forged certificates to INEC, stressing that the deputy-governorship candidate had infected the joint ticket with which he and Lyon ran for and won the election.

The leadership of the APC and Degi-Eremieoyo have separately asked the apex court to review its judgement on the election.

In his reaction, Falana who has disagreed with the APC-led government on many issues insisted that the apex court made a mistake.

He stressed that the court lacked the jurisdiction to entertain the matter, saying it should have gone before the election petition tribunal.

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Ahead of the review of the judgment by the Supreme Court, the senior advocate was hopeful that the opportunity would further develop and strengthen the country’s laws.

He said: “The election was held on the basis of the judgement of the Court of Appeal which was to the fact that yes! Degi-Eremieoyo changed his name many times, not that he forged any of his certificates; there was no such proof. Therefore, he can contest the election.

“On the basis of that judgement, the people voted; which means by that judgement, the election was valid and legal.

“As of that date, there was no pending appeal before the Supreme Court whereby INEC could be accused of having violated the doctrines of lis pendens i.e. ‘since you knew a case was in court, why did you hold an election? As was the case of Peter Obi and INEC."

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Falana stated that it was after the conclusion of the election that the PDP filed an appeal in the Supreme Court.

He stressed, “With profound respect, the attention of the Supreme Court was not drawn to the legality of that appeal; the case had become spent.”

Meanwhile, Legit.ng had previously reported that Duoye Diri, governor of Bayelsa, appointed four principal officers into his cabinet a week after being sworn into office.

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It was reported that Daniel Alabrah, the governor’s acting chief press secretary, announced this in a statement on Thursday, February 20.

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Bayelsa: INEC presents PDP’s Douye Diri certificate of return | - on Legit TV

Source: Legit

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