THE LEGALITY OF THE NIGERIAN SUPREME COURT JUDGMENT ON BAYELSA STATE GOVERNORSHIP ELECTION

Abstract

Supreme Court of Nigeria is the final court of the land with original and appellate jurisdiction over the entire country to adjudicate on disputes and controversies arising from any subject matter. However, mix grill feeling have fraught the decision of the Supreme court on 13th day of February, 2020 on Bayelsa State Governorship election in the case of the People’s Democratic Party (PDP) & 2 Orsv. Biobarakuma Degi-Eremienyo & 3 Ors. Many saw the decision of the Supreme Court in the instant case as a travesty of justice. While many others agreed that justice has been done on the matter by the Supreme Court. The Supreme Court in its judgement made a consequential order directing the 4thRespondent in that case, the Independent National Electoral Commission, to withdraw the Certificate of Return earlier issued to the Governorship candidates of the All Progressive Congress (APC), Mr. Lyon David Pereworimin and Mr. Degi-Eremienyo respectively, and to issue a fresh “Certificate of Return†to the candidates of PDP who had the highest number of lawful votes cast in the Governorship election and who also had the requisite constitutional (or geographical) spread. The judgment however, ignited intense legal controversy and political debates as to whether there was justice in the determination of the matter. This paper examined the legality of the Supreme Court decision on the Bayelsa State Governorship election and concludes that justice was not only done on the matter but was manifestly seen to have been done by the Honourable of the Justices of the Supreme Court that determined the matter. The paper relies on the provision of the Constitution of Nigeria 1999 (as amended), Electoral Act, 2010 (as amended) including judicial precedents and authorities to give balance to the legality of the Supreme Court judgment on the said matter.