The apex court, in a unanimous decision by a seven-man panel of Justices headed by Justice Sylvester Ngwuta, dismissed the two different applications that sought to set aside the judgement it delivered against Lyon and his deputy on February 13.
In the lead verdict that was delivered by Justice Amina Augie, the apex court, described fresh applications that were filed by Lyon, his deputy and the All Progressive Congress, APC, as “highly vexatious, frivolous and gross abuse of the judicial process”. It held that the applications were aimed at “desecrating the sanctity of the court”, stressing that it was an invitation for the Supreme Court to sit on appeal over its final judgement. According to Justice Augie, “It is clear that the two applications lack merit and constituted an abuse of court process”. She said there was no doubt that the applications were aimed to review a final judgement of the apex court, in violation of Order 8 Rule 2 of the Supreme Court Act. Justice Augie stressed that the use of the mandatory word “Shall” in the said Order 8, was an indication that such application for review of the final judgement of the court was bound to fail. “The court is nor authorised and lacks the jurisdiction to review its judgement”, she held, adding that the Applicants failed to either show that there was any clerical error, accidental slip or commission, or that any aspect of the judgement that needed to be varied. She said the sole aim of the Applicants was to set-aside “operative and substantive parts of the judgement”, despite the provision of section 235 of the 1999 constitution, as amended, that gave the Supreme Court the final say in every appeal. “Once this court has finally determined an issue, it is functus-officio. It is final forever, only legislation can alter it. It is final for all ages. No force on earth can get this court to shift its position on Bayelsa matter”, Justice Augie held. She said even if the apex court was minded to review its judgement, there was no guarantee that the PDP and its candidates would not also file their own application for a review.