The Court of Appeal sitting in Port Harcourt, Rivers State has confirmed the Bayelsa State Governor-Elect, David Lyon as the substantive candidate of the All Progressives Congress, APC in the November 16, 2019 governorship election.
The court delivered its judgment in the pre-election objection brought by former Minister of State for Agriculture and Rural Development, Senator Heineken Lokpobiri.
The Court of Appeal, in the suit numbered CA/ PH/575/2019,b granted David Lyon’s prayers and struck out Heineken Lokpobiri petition for lack of jurisdiction.
The court also ruled that though Senator Lokpobiri has a right of audience before it the undertaking is inconsequental.
The Court averred that the appellants appeal was allowed because the court erred in granting a consequential order not sought by the parties.
The Justices reasoned that the lower court acted ultra viras its powers and as such lacked jurisdiction.
Senator Lokpobiri in his appeal had asked the Court to set aside the ruling of the lower court and uphold his prayers as instituted on his behalf by his counsel, Fitzgerald Olorogun.
The former minister claimed he won the September 4, 2019 governorship primary of the APC with a majority votes of 111, 439. He said in the primaries that he won Aganaba Stephen came second with 5,426 while Ebitimi Amgbare was third with 638 votes while Lyon David Pereworinimi came a distance fifth with 325 votes.
In the originating summons, Lokpobiri applied for an order of perpetual injunction restraining APC, its officers, agents and privies from treating, presenting or holding out Lyon to the Independent National Electoral Commission, INEC as the party’s candidate for the election.
Counsel to the Governor-Elect, Sidney Ibanickuka reacting to the ruling described it as one hinged on natural justice insisting that it has shown that a Court should not base its ruling on hearing from only one side..