Senior Advocate of Nigeria, Femi Falana, has reacted to the judgment of the Supreme Court on the governorship election in Bayelsa State.

In an exclusive with Channels Television, he said the apex court made a mistake when it treated a pre-election matter as a post-election case.

“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,” Falana stated.

On February 13, a five-man panel of the Supreme Court led by Justice Mary Peter-Odili sacked David Lyon and Biobarakuma Degi-Eremieoyo of the All Progressives Congress (APC) as the winners of the November 16, 2019 governorship poll.

The court then ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to the APC candidates and issue fresh certificates 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.

It 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.

This led to the declaration of Senator Douye Diri and Senator Lawrence Ewhrudjakpo of the Peoples Democratic Party (PDP) as the winners of the election and subsequent swearing-in as the governor and deputy governors of Bayelsa State.

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.

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 election? As was the case of Peter Obi and INEC,” he added.

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.”

Fasindo:












Mtchew!!!


Falana should focus on how to win El Zakyzaky case that he abandoned nd leave bayelsa election matter, he is not vast in law more than d 5 supreme court justices that delivered the case.

Just because he manage to win Sowore case he now thinks he is more vast than anybody in law

WATCHOVER:
PDP simply adopted technicality method which APC brought. Thus PDP defeated APC in their own game.

That's what you get when technicality becomes the order of the day.

APC should cry, Osun state saga will continue to speak against them.

Iamgrey5:
This is not technicality issue.

The Judges were actually mislead on numerous issues to give a misleading judgment.

Leo3333:


Imo?

Iamgrey5:


First of all, the federal high court judgment which the supreme court upheld never removed the governor, it only disqualified the running mate.

Secondly, PDP only appealed the case after the Election not before. Apc actually won the appeal in the Appeal court.

donpapa:



Wasn’t it a joint ticket? The electoral act was so clear on that.



Does that change the fact that it was a pre-election matter?

donpapa:
i am not a lawyer, but do well to read section 36 of the electoral act. Yes, he was elected but the joint ticket only cease to bind them after they’ve been sworn in. Even though you and i know that it would be impossible for anyone to instigate litigation against the governor and the deputy because they enjoy immunity.

Meanwhile, the same right the APC has to appeal the High Court’s judgement is the same right PDP has to appeal the appellate court’s judgement at the Supreme Court. After all, it wasn’t a post-senatorial election matter that only ends at the Court of Appeal level.

Even if the SC erred on there judgement, I’m afraid it might not be upturned as there was no precedence in that regard. But then, anything can happen. We can only keep our fingers crossed as events unfolds in weeks to come.

donpapa:
Are we still on this Bayelsa matter?

FarahAideed:
This confused deceptive lawyer again , always contradicting himself , it's only in Nigeria cut and splice lawyers like Falana are considered legal elites

donpapa:



Wasn’t it a joint ticket? The electoral act was so clear on that.



Does that change the fact that it was a pre-election matter?

Iamgrey5:
State the electoral act that supports the removal of a elected governor because his deputy wss disqualified?

Yes, it does because the Appeal court already passed a judgement in favour of the APC before the election.

Dansuqi:

The must be a clear consequential order to not just disqualify the deputy but also the candidate

ZAWs:
Even an illiterate won't act the way mary odili did.

Supreme court don't originate cases, rather they inherites them from lower courts.

Nonsense mary odili gave a verdict on an election matter that was never existed anywhere.

Mary Odili was given a little test, but she didn't only failed woefully, but also exhibited her devilish attitude.
Too bad.

wwwihy:
Senior Advocate of Nigeria, Femi Falana, has reacted to the judgment of the Supreme Court on the governorship election in Bayelsa State.

In an exclusive with Channels Television, he said the apex court made a mistake when it treated a pre-election matter as a post-election case.

“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,” Falana stated.

On February 13, a five-man panel of the Supreme Court led by Justice Mary Peter-Odili sacked David Lyon and Biobarakuma Degi-Eremieoyo of the All Progressives Congress (APC) as the winners of the November 16, 2019 governorship poll.

The court then ordered the Independent National Electoral Commission (INEC) to withdraw the Certificate of Return issued to the APC candidates and issue fresh certificates 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.

It 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.

This led to the declaration of Senator Douye Diri and Senator Lawrence Ewhrudjakpo of the Peoples Democratic Party (PDP) as the winners of the election and subsequent swearing-in as the governor and deputy governors of Bayelsa State.

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.

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 election? As was the case of Peter Obi and INEC,” he added.

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.”
https://www.channelstv.com/2020/02/22/bayelsa-election-falana-says-supreme-court-is-wrong-lacks-jurisdiction/amp/?__twitter_impression=true

ZAWs:
Even an illiterate won't act the way mary odili did.

Supreme court don't originate cases, rather they inherites them from lower courts.

Nonsense mary odili gave a verdict on an election matter that was never existed anywhere.

Mary Odili was given a little test, but she didn't only failed woefully, but also exhibited her devilish attitude.
Too bad.

Indispensable85:
That's one judgement that will be reversed in the month of March. It's prophetic!

donpapa:


Why single out Mary Odili? There were 5-members on that panel and they ALL gave a unanimous judgement.
The same Mary Odili didn’t fail woefully and exhibited her devilish attitude when she gave a favorable judgement for APC on Kaduna and Nassarawa gubernatorial cases? Why are you people like this?
It’s your personal decision if you have issue with the Bayelsa judgement, but stop the (blame game) hypocrisy!
This singular act won’t grow and strengthen our democracy.