Appeal Court affirms Lyon as APC candidate

Femi Folaranmi, Yenagoa and Romanus Ugwu (Abuja) and Tony John, Port Harcourt

The Court of Appeal sitting in Port Harcourt, Rivers State yesterday affirmed Bayelsa State governor-elect, Chief David Lyon as the winner of the September 4 All Progressive Congress (APC) primaries.

The Appeal Court set aside a Federal High Court ruling of November 14 which nullified the APC governorship primary election for not following the laid down guidelines of the party.

The judgement delivered in three appeals: CA/PH/575/2019, CA/PH/585/2019 and CA/PH/586/2019 brought to an end the pre-election suit filed by former Minister of State for Agriculture and Rural Development and governorship aspirant, Senator Heineken Lokpobiri.

The Appeal Court held that the Bayelsa State APC governorship primary election was conducted on September 4 and that Chief David Lyon contested the Bayelsa State APC governorship primary election and won in the contest.

The three-man panel of Justices led by Justice Isaiah Olufemi which began ruling on the three appeals first with CA/PH/575/2019 filed by Lokpobiri said the suit was stature barred.

“The cause of action ought to commence within 14 days which start counting from the date of the primaries which is 4/9/2019 and not a later date. As in the instant case, which commenced on 18/9/2019, hence it was filed or commenced out of time. As such it has become statute barred. The Court therefore lacks jurisdiction”

On the Appeal CA/PH/585/2019 the Court said: “The respondent though has a right of audience before the Court and the undertaking is inconsequential but since the sister case just delivered was struck out for the reasons given above this one does the same way.”

On the last Appeal CA/PH/586/2019 the panel held that, “The appellant appeal was allowed because the lower court erred in granting a consequential order not sought by the parties. The Court acted ultra vires of its powers.”

The All Progressives Congress (APC) Deputy National Publicity Secretary, Yekini Nabena, who spoke with newsmen in Abuja yesterday shortly after the Appeal Court ruling, urged Bayelsans to rally around and support the incoming administration of David Lyon.

While congratulating his party on the Appeal Court’s overwhelming affirmation of Lyon’s candidature, Nabena said: “The Court of Appeal in delivering its verdict has sided with party members and defended their votes which they overwhelmingly gave David Lyon to move Bayelsa state to the next level.