Bayelsa gov’ship: S/Court affirms Lyon’s nomination, dismisses Lokpobiri’s appeal

The Supreme Court has affirmed the primary of the All Progressives Congress (APC), which produced David Lyon as the candidate of the party. A five-member panel of justices presided by Justice Mary Odili on Tuesday also dismissed the appeal by an APC governorship aspirant, Heineken Lokpobiri challenging the nomination of Lyon as the governorship candidate […]

The Supreme Court has affirmed the primary of the All Progressives Congress (APC), which produced David Lyon as the candidate of the party.

A five-member panel of justices presided by Justice Mary Odili on Tuesday also dismissed the appeal by an APC governorship aspirant, Heineken Lokpobiri challenging the nomination of Lyon as the governorship candidate of the party during the election.

In the lead judgement by Justice John Inyang Okoro, the apex court held that the appeal had become statute-barred by the provision of Section 285 (9) of Nigerian Constitution 1999 having been brought 14 days after the expiration of time.

The panel unanimously held that the cause of action which arose after the primary on September 4, 2019, lapsed not on September 7, 2019 when the name was forwarded to INEC.

“The appellant cause of action arose on 4th September when he was declared the winner and not 7th September,” the court said.

Lokpobiri had asked the apex court to declare him the winner of the APC governorship primary held in Yenagoa, the state capital.

Lyon won the governorship election in the state, ending a 20-year dominance by the People Democratic Party in the state.

The APC primary was attended with many twists after an Abuja Federal High Court on November 15, barely two days to the November 17 election, disqualified both Lyon and his deputy, Biobarakuma Degi-Eremienyo, over false information.

Another Federal High Court in Yenagoa nullified the September 4, 2019 primary of the party, which produced Lyon and his deputy for being conducted outside the rules of the party.

But Lyon filed an appeal at the Court of Appeal which ordered a stay of execution of the earlier judgment of the Abuja Federal High Court.  Also, the Court of Appeal in Yenagoa vacated the judgment of the High Court in Yenagoa in favour of Lyon.

Meanwhile, APC has hailed the apex court judgement. The party’s Deputy National Publicity Secretary, Yekini Nabena, said the case instituted by Lokpobiri was baseless.

He, however, stated that the former senator was well within his legal rights to approach the courts.

“From the APC primaries to the governorship election, it was clear that Bayelsans knew who they wanted to govern them. The decision of party members and the Bayelsa electorate was unanimous as seen in the overwhelming votes they gave the governor-elect, David Lyon, in the APC direct primaries and the governorship election,” he said.