Bayelsa APC guber primary: S’Court dismisses Lokpobiri appeal
.Coast clears for Lyon’s swearing – in on Friday
The Supreme Court on Tuesday dismissed the appeal filed by Sen. Heineken Lokpobiri challenging the result of primary election conducted on September 4, 2019 by the All Progressive Congress (APC) in Bayelsa State for election of the party’s governorship candidate.
APC electoral committee had at the end of primary election declared David Lyon the winner of the primary and he proceeded and won the governorship election held on November 16, 2019.
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Tuesday’s Supreme Court decision has cleared the coast for Lyon who will take his oath of office as Governor of Bayelsa State on Friday.
It would be recalled that dissatisfied with the outcome of the primary, Sen. Heineken Lokpobiri who claimed to have won the primary with wide merging went to court seeking to reclaim the mandate. The trial court after a thorough consideration of the circumstances of the case, declared him winner of the primary.
Dissatisfied with the judgment, Lyon appealed against it and the Court of Appeal held that the trial Court lacked jurisdiction to have heard the suit in the first place, the suit being statute barred.
Lokpobiri was dissatisfied with the decision and he appealed to the Supreme Court.
The Apex Court in its decision held that the pre-election suit was filed outside the 14 days prescribed by law, therefore it was statute barred.
In the unanimous judgment delivered by Justice Inyang Okoro, the Apex Court said that the cause of action (injury complained of) occurred on September 4, 2019 when the result of the primary was announced and not September 7, 2019 when the party’s appeal committee took its decision that Lyon was the candidate of the party.
He said it was clear from the provisions of Section 285(9) of the Fourth Alteration of the 1999 Constitution that every pre- election matter must be filed not later than 14 days.
Lokpobiri had filed the suit on September 18 instead of 17, 2019.
Justice Okoro said the claim by the appellant that his right to seek judicial review beginning to count after the party appeal committee decision, missed the point because political party intervening decision does not stay the process of the cause of action.
He said that where the Constitution make specific provisions it takes precedence over general provisions.
The sole issue is resolved against the appellant. The suit lacked merit and is hereby dismissed,” he ruled.
Consequently, he added, “the main appeal is struck out.”
In the main Appeal, Lokpobiri had prayed the court to declare him the winner of the primary and the candidate of the APC at Governorship election held on November 16, 2019.
