Tag Archives: David Lyon

Bayelsa’20: Court disengage Alaibe’s appeal over Duoye’s candidacy

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The Supreme Court has dismissed an appeal filed by a former aspirant of the Bayelsa governorship election under the Peoples Democratic Party (PDP), Timi Alaibe, challenging the candidacy of Duoye Diri in the November 2019 election.

Alaibe who had earlier lost a similar suit at the Federal High Court and the Court of Appeal is claiming that he is the authentic candidate of the PDP.

But the court dismissed the case on Tuesday, on the ground that it was a pre-election matter.

Governor Duoye Diri was sworn in on February 14, a day after the Supreme Court sacked the former governor-elect of Bayelsa State, David Lyon, and his Deputy, Biobarakuma Degi-Eremieoyo.

Lyon’s election was nullified for submitting forged certificates to INEC.

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A five-man panel of the apex court led by Justice Mary Peter-Odili, thereafter, ordered the Independent National Electoral Commission (INEC), to withdraw the Certificate of Return that had been issued to the candidate of the All Progressives Congress as the winner of the November 16, 2019 governorship election.

The court then ordered INEC to issue a fresh Certificate-of-Return to the candidate of the party with the next highest votes and with the required constitutional spread of votes in the results of the election, which was the PDP.

Diri was then sworn-in along with his Deputy, Lawrence Ewhrudjakpo.


#Newsworthy…

Afe Babalola lead David Lyon’s case in court


The Supreme court has begun hearing the application of the All Progressives Congress and its candidate for the review of Bayelsa State election judgment given by the court on 13 February.

The party seeks reversal of the judgment which disqualified its candidate David Lyon in the last governorship election.

David Lyon, the disqualified APC governorship candidate is represented by legal giant, 90 year-old Chief Afe Babalola, a Senior Advocate of Nigeria.


Babalola is urging the court to set aside the judgment.

He noted that the court has jurisdiction and powers to set aside its own judgment, if the judgment is obtained by fraud, if the court was misled or the judgment was given outside jurisdiction, which is one of the grounds of their application.


He also argued that the judgment delivered on 13 February breached the applicant rights to fair hearing.

The party argued that the Supreme Court acted without jurisdiction and denied it 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 prayer to disqualify Mr Lyon.

Attending the proceedings are the National Chairman of the All Progressives Congress, Adams Oshiomole and the disqualified deputy Governor elect of the APC, Senator Degi Biobarakuma. Also in court is the governor of Bayelsa State, Duoye Diri.

The 7 member panel of the Justices of the Supreme court is led by Justice Sylvester Ngwuta.


#Newsworthy…

Bayelsa: David Lyon calls for calm, says don’t blame my opposition


David Lyon, candidate of the All Progressives Congress (APC) in the November governorship election in Bayelsa state, has asked people not to blame Biobarakuma Degi-Eremienyo, his running mate, for his removal.

Although Lyon was declared winner of the election, the supreme court sacked him on the grounds that his running mate presented forged documents to the Independent National Electoral Commission (INEC).


Twenty-four hours later, Douye Diri, his Peoples Democratic Party (PDP) rival, was sworn in as governor.

In a statement signed by Alphine Ogoh, his media aide, Lyon appealed to his supporters to remain calm and allow the legal team of the party to explore “all remedies available in law to restore the mandate of the people”.


He described as “unfounded” the allegations that he was encouraging people to engage in violence following the judgment.

He said stakeholders have the liberty to express their opinions on issues but it should be within the ambit of the law.


“Chief David Lyon reassures Nigerians and the peace-loving people of Bayelsa state that as a law-abiding citizen, he will never support, sponsor or direct anyone to engage in acts inimical to the progress and wellbeing of the same people he seeks to govern, ” the statement read.

“Chief David Lyon insists that those who know him and have interacted with him can attest to the indisputable fact that he is a peace-loving person.


”Chief David Lyon has respect for civil liberty and believes in legal and democratic processes of resolving issues.

“Chief David Lyon also believes that in a democracy, the court is the last hope of the common man. Following the court pronouncement, he has been preoccupied with exploring all legal processes and remedies available in the constitution in the exercise of his fundamental human rights to address the unfortunate incident.


“As a leader, Chief David Lyon implores every Bayelsan, who believes in him and his vision for the state not to blame his running mate for the unfortunate development.”

He noted that a peaceful and stable Bayelsa is what he aspires to govern and improve upon as a legacy for all.

David Lyon, candidate of the All Progressives Congress (APC)

“Chief David Lyon calls on all political leaders irrespective of their party affiliations to call their teeming supporters to order. He insists that nobody should take laws into their hand,” he said.

“He also expresses his faith and confidence in the judicial process and the Supreme Court, in particular, noting that at the end of the day, justice will be done to the good people of Bayelsa State.”


#Newsworthy…

Protest full Bayelsa over sack of David Lyon – APC youths say no David no governor {Video}


APC Youths in Bayelsa state are protesting the Thursday February 13th judgement of the Supreme court annulling the election of APC’s David Lyon.

The Apex court in a unanimous judgement, sacked Lyon on grounds that his deputy, Biobarakuma Degi-Eremienyo, ran for the November 2019 election using fake certificates. The court mandated INEC to withdraw the certificate of return issued to Lyon and release a fresh one to PDP’s Duoye Diri, who came second during the election.

The party youths in a video shared online, said they are against the verdict. They are insisting that the initial plan of swearing in David Lyon as governor today must go on.

Video


https://www.instagram.com/p/B8iy1JyJ3y2/?igshid=wm7jsh87mdov


#Newsworthy…

Bayelsa: PDP happy as court sacked APC’s David Lyon


PDP, has reacted to the Supreme Court ruling which nullified the election of Bayelsa State Governor-Elect, David Lyon
PDP National Publicity Secretary, Kola Ologbondiyan congratulated the party over the Supreme Court ruling.

The apex court also declared the Peoples Democratic Party, PDP, candidate winner of the last governorship election in the state.

Supreme Court led by Justice Mary Peter-Odili directed the Independent National Electoral Commission, INEC to withdraw the Certificate of Return issued to Lyon.

Justice Peter-Odili ordered INEC to immediately issue fresh certificates of Return to the candidates of the party with the next highest votes which is the PDP.

Reacting, Ologbondiyan in a tweet, wrote: “Congratulations to the PDP family.”


#Newsworthy..

Bayelsa: David Lyon, Biobarakuma sacked; court declares PDP winner


The Supreme Court has sacked the governor-elect of Bayelsa State, David Lyon, of APC and his Deputy, Biobarakuma Degi-Eremieoyo.

The five-man panel of the apex court led by Justice Mary Peter-Odili in its ruling delivered today Thursday February 13th, annuled the election on grounds that the deputy governor-elect, Degi-Eremieoyo, ran for the election with forged certificates.


The court ordered the Independent National Electoral Commission to withdraw the certificate of Return issued to the All Progressives Congress’ candidates as the winners of the November 16th 2019 governorship election in the state and issue fresh certificates to the candidates of the PDP, Douye Diri who reportedly scored the next highest number of votes during the election.

This judgement comes barely a month after the Supreme court annulled the election of PDP’s Emeka Ihedioha in Imo state and instated Hope Uzodinma of the APC.


#Newsworthy…

Bayelsa: David Lyon wins; court dismissed lokpobiri’s appeal


The Supreme Court has dismissed the appeal by a former Minister of State for Agriculture and Rural Development, Heineken Lokpobiri, challenging the emergency of Bayelsa State governor-elect, David Lyon, as the candidate of the All Progressives Congress (APC) in the September 4, 2019 governorship primary of the party.


He specifically challenged the decision of the Court of Appeal sitting in Port Harcourt, Rivers state, which dismissed his appeal for being statute-barred.

A five-man panel of judges led by Justice Peter Odili in a unanimous judgment dismissed the appeal for lacking in merit.

Justice Iyang Okoro, who delivered the lead judgment, agreed with the Court of Appeals to that the suit filed by Lokpobiri at the Federal High Court was statute-barred as it was filed outside the 14 days provided by section 285 (9) of the 4th Alteration Act.

Lokpobiri had approached the court asking it to declare him, and not Lyon, as the authentic candidate of the APC.


#Newsworthy…

APC cheers over dismissal of case against David Lyon


The All Progressives Congress (APC) in Bayelsa has applauded Saturday’s judgment of the Court of Appeal sitting in Port Harcourt, which dismissed the pre-election suit filed against the Governor-elect, Chief David Lyon.

Delivering its judgment in the suit filed by the former Minister of State for Agriculture, Sen. Heineken Lokpobiri, challenging the candidacy of Lyon, the court said that it was filed out of time at the lower court.


The Federal High Court in Yenagoa, presided over by Justice Jane Inyang, had on Nov. 14, 2019 decided that the suit was filed within time, hence nullified the primaries.

The appeal court, however, granted a stay of execution of the judgment to Lyon, which made it possible for him to participate in the Nov. 16, 2019 poll.


Justice Isaiah Olafemi of the Court of Appeal said that Lokpobiri failed to comply with the statutory 14 days period, saying that he ought to have filed the case not later than Sept. 17, 2019 and dismissed the appeal.

“The matter was filed on Sept. 18, 2019, outside the 14 days statutory period. The petition was not filed within time,’’ Olafemi said.


Reacting to the judgment, Mr Doifie Buokoribo, the APC State Publicity Secretary, said it vindicated the position of the party at the lower court.

“The judgment delivered today by the Court of Appeal represents victory for all – Bayelsa, Nigeria and democracy.

Governor-elect, Chief David Lyon


“We call on everybody to join hands with the governor-elect to build a better Bayelsa for all,” he said.

Lyon is expected to be sworn in on February 14, when the second term of Gov. Seriake Dickson of the Peoples Democratic Party will come to an end


#Newsworthy…

Lokpobiri head for Supreme court as Appeal court confirm Lyon as the winner of APC primaries


The Court of Appeal sitting in Port Harcourt, Rivers State yesterday affirmed Bayelsa State governor-elect, Chief David Lyon as the winner of the September 4 All Progressive Congress (APC) primaries.

The Appeal Court set aside a Federal High Court ruling of November 14 which nullified the APC governorship primary election for not following the laid down guidelines of the party.


The judgement delivered in three appeals: CA/PH/575/2019, CA/PH/585/2019 and CA/PH/586/2019 brought to an end the pre-election suit filed by former Minister of State for Agriculture and Rural Development and governorship aspirant, Senator Heineken Lokpobiri.

The Appeal Court held that the Bayelsa State APC governorship primary election was conducted on September 4 and that Chief David Lyon contested the Bayelsa State APC governorship primary election and won in the contest.


The three-man panel of Justices led by Justice Isaiah Olufemi which began ruling on the three appeals first with CA/PH/575/2019 filed by Lokpobiri said the suit was stature barred.

“The cause of action ought to commence within 14 days which start counting from the date of the primaries which is 4/9/2019 and not a later date. As in the instant case, which commenced on 18/9/2019, hence it was filed or commenced out of time. As such it has become statute barred. The Court therefore lacks jurisdiction”


On the Appeal CA/PH/585/2019 the Court said: “The respondent though has a right of audience before the Court and the undertaking is inconsequential but since the sister case just delivered was struck out for the reasons given above this one does the same way.”

On the last Appeal CA/PH/586/2019 the panel held that, “The appellant appeal was allowed because the lower court erred in granting a consequential order not sought by the parties. The Court acted ultra vires of its powers.”

Bayelsa State governor-elect, Chief David Lyon


The All Progressives Congress (APC) Deputy National Publicity Secretary, Yekini Nabena, who spoke with newsmen in Abuja yesterday shortly after the Appeal Court ruling, urged Bayelsans to rally around and support the incoming administration of David Lyon.

While congratulating his party on the Appeal Court’s overwhelming affirmation of Lyon’s candidature, Nabena said: “The Court of Appeal in delivering its verdict has sided with party members and defended their votes which they overwhelmingly gave David Lyon to move Bayelsa state to the next level.


#Newsworthy…