THE NIGERIAN SUPREME COURT JUDGMENT IN DAVID LYON & ORS. V. DIGI-EREMIENYO & ORS, A TRAVESTY OF JUSTICE

Abstract

In the hierarchy of courts in Nigeria, the Supreme Court is the apex court i.e the highest court in the land. Being the apex court, its decision on any matter brought before it for determination is final and requires no further appeal to any other authority. The Supreme Court sits on appeal on disputes from other courts in Nigeria but does not sit on appeal over its own judgment. Following the gubernatorial election in Bayelsa State on 13/2/2020, which the All Progressives Congress (APC) won, the People’s Democratic Party (PDP) and its candidates, David Lyon and his deputy, Digi-Eremienyo, being unsatisfied by the election result went to court on the basis of falsification of certificate results by the APC’s Deputy Governorship candidate, Digi-Eremienyo. The High court of Bayelsa State disqualified the APC’s Deputy Governor based on his certificate falsification. He proceeded to the Appeal Court which reversed the judgment of the Court below. The PDP candidates appealed to the Supreme Court which upheld the High Court judgment and went further to void the election of APC Governorship candidate and his Deputy describing their votes as waste on the ground that they are on joint ticket and ordered PDP candidate to be sworn in. Not satisfied by the Supreme Court decision, APC and its candidates went back to the Supreme Court for a review of the decision of the Court. The Court unanimously dismissed the application for review describing it as vexation, frivolous and gross abuse of court process and therefore lacking in merit. This paper examined the justification of the Supreme Court decision in respect thereof and concludes that the said decision of the Supreme Court is a travesty of justice. The paper adopts doctrinal approach and relies on the provisions of the Constitution of Nigeria 1999 (as amended), Electoral Act, 2010 (as amended) including judicial precedents and authorities to arrive at the conclusion.