The APC on Thursday applied to the Supreme Court for a review of its February 13, 2020, judgment.
The APC through its lawyer, Chief Wole Olanipekun (SAN), supported by Lateef Fagbemi (SAN), filed an application before the apex court contending that the apex court gave a wrong interpretation to the judgment of the Federal High Court in Abuja which was affirmed in the February 13, 2020 verdict.
A five-man panel of the Supreme Court had in its judgment, nullified the party’s victory after disqualifying the party’s deputy governorship candidate, Biobarakuma Degi-Eremienyo, from the election.
But the APC stated, “After reinstating the judgment of the trial court in the judgment of this honourable court of February 13, 2020, in SC.1/2020 – Peoples Democratic Party & 2 others. v. Biobarakuma Degi-Eremienyo & 3 others., this honourable court proceeded to disqualify the governorship candidate of the applicant (Lyon David Pereworimin) despite the fact that the trial High Court refused to grant the reliefs for his disqualification and there was no appeal against same.
“In this honourable court’s judgment of February 13, 2020, the court erroneously and inadvertently stated that the trial High Court consequentially disqualified the applicant‘s governorship candidate even though the trial court made no such order and when the trial court indeed refused to grant the express orders sought by the plaintiffs therein for his disqualification.”
The party argued that the Supreme Court lacked the jurisdiction to give the order it gave.
It also faulted the interpretation of the Supreme Court judgment by INEC which declared the PDP the winner of the election and subsequently issued the party’s governorship and deputy governorship candidates certificates of return.
It stated, “By a press statement made on February 14, 2020, the Chairman of the 4th (INEC) respondent purported to interpret the judgment of this honourable court of February 13, 2020 in SC.1/2020 Peoples Democratic Party (PDP) & 2 ors. v. Biobarakuma Degi-Eremienyo 8. 3 ors.”
The APC asked the Supreme Court to set aside portions of its judgment where it declared that the disqualification of the party’s deputy governorship candidate had vitiated the party’s ticket with which it ran for the poll and deemed both the governorship candidate and his running mate disqualified.
It also urged the apex court to set aside its order directing INEC to declare as winner of the governorship election, candidates with the highest number of lawful votes.