Law History Series: The Tears Of Anguish Once Shed By The Supreme Court Of Nigeria — The Case Of Biobakaruma Degi Eremienyo & Ors V Peoples’ Democratic Party (2021)16 NWLR (Pt.1800)387.

By Mustapha Babalola Toheeb.

Good day, everyone. I welcome you to this year’s first edition of our Law History Series, which was established in 2020. The aim of this initiative has always been about unearthing unknown facts in the legal profession; discussing historical events in the legal profession, and also celebrating our legal luminaries. In this edition, I will be narrating the story behind the tears of anguish shed by the Supreme Court and how the Supreme Court awarded the highest amount of cost against a lawyer in the history of the judiciary and the legal profession. We might ask ourselves, “what could have led the Supreme Court to shed tears of anguish and therefore slam the counsels with a hefty cost?”

Well, relax and sip a tea, as you journey into the multiverse of refined knowledge.

I present to you all, the celebrated case of Biobakaruma Degi Eremienyo & Ors v PDP. The matter began at the Federal High Court, where the court had disqualified Mr Lyon and his running mate from contesting in the Bayelsa State Gubernatorial Elections. On appeal to the Court of Appeal, the trial court’s decision was set aside. The matter was later brought before the Supreme Court, where the apex court reaffirmed the decision of the trial court which is to the effect that Mr David Lyon and his running mate are not constitutionally qualified to take part in the Bayelsa State Gubernatorial Elections.

Meanwhile, being the apex court of the land, the focus of this paper is going to be mainly on the Supreme Court’s decision. Enjoy.

It all started when the Supreme Court removed David Lyon, the winner of the Bayelsa Gubernatorial elections, and the PDP candidate who emerged as the 1^st runner up was pronounced as the constitutionally recognized winner of the election, after the winner of the polls, David Lyon, was disqualified on qualification basis.

After the Supreme Court gave its pronouncement on this matter, the APC and Mr. David Lyon decided to employ the legal services of legal luminaries such as Chief Afe Babalola, SAN, Chief Wole Olanipekun, SAN, amongst other lawyers.

The lawyers approached the Supreme Court with an application for a review of its decision. In their arguments, they asserted that the court had no jurisdiction to have entertained the appeal in the first place and that the suit was first filed at the Federal High Court as a pre-election matter, which is the foundation of the matter that its appeal got to the apex court. Remember, it is a trite law and has been said several times that the Supreme Court’s decisions are final with the effect that the court cannot review its decision except in some exceptional instances. This assertion is in line with the decision of the Court in the case of Adegoke Motors Ltd. v. Adesanya [1989] 13 NWLR (Pt.109) 250 at page 275A

The Supreme Court, after considering the application, gave its ruling against the Applicant. It was Justice Amina Augie JSC, who read the judgment on behalf of the seven-man panel; she said:

With tears in my eyes, I cannot believe that in my lifetime, I would see very senior members of the bar bring applications of this nature to this court which are aimed at desecrating the sanctity of this court, violating the principles and decisions of this court and destroying the esteem on which this court is held.

The applications are vexatious, they are a frivolous and gross abuse of court process. In the circumstances, the two applications are hereby dismissed, and the cost of N10 million each is awarded against the first, second, and third applicants respectively in favour of the first, second, and third respondents to be paid personally by their respective counsels.

They have not pointed out any accidental slip or omission in the said judgment or shown this court any part of the said judgment that needs to be varied to give effect to its intention.

There must be an end to litigation, this is the final court of the land and is well settled that decisions of this court are final.

It is final in the sense of finality, it is final forever and only legislation can alter it. The decision of this court in appeal number SC/1/2020 is final for all ages; it is final in the real sense of the word-final and no force on earth can get this court to shift from its decision regarding the Bayelsa state election appeal (emphasis mine).

One of the implications of this pronouncement is that Chief Afe Babalola, who represented Mr. Lyon and Degi-Eremieoyo, his running mate, (first and second Applicants), therefore, is to pay N20 million, while Chief Olanipekun SAN who represented the APC (third Applicant), is to pay N10 million.

Never has it been recorded in the country’s history that a court awarded such a mouth-watering amount as costs against counsels, and the above-mentioned costs of thirty million Naira are regarded as the highest amount of costs ever to be awarded against counsels in a single case.

I guess we have been able to learn one or two things from this story and also the most important fact, which is the finality of the Supreme Court’s decision.

Mustapha Babalola Toheeb writes from Kano, Nigeria. To reach him, email: toheebmustapha15@gmail.com or contact/WhatsApp: +2348106244073

Sources

1. Biobakaruma Degi Eremienyo & Ors v PDP (2021)16 NWLR (Pt.1800)387
2. https://www.channelstv.com/2020/02/26/updates-supreme-court-hears-application-for-review-of-judgment-sacking-lyon/
3. https://www.thecable.ng/reflections-on-the-supreme-court-judgment-on-bayelsa-governorship-conundrum