Messrs Afe Babalola and Wole Olanipekun, both Senior Advocates of Nigeria, were fined the sum of N30 million each by the Supreme Court on Wednesday for agreeing to file an application for the review of its judgement on the 2019 Bayelsa Governorship election.
The fine was announced by Justice Amina Augie while reading the ruling on the APC application for a review of its February 13, 2020 judgement which overturned the victory in the last Bayelsa Governorship election of David Lyon.
Apparently weeping, Justice Augie said it was regrettable that “very senior” lawyers were responsible for filing the applications.
The Supreme Court subsequently awarded the costs of N10m to be personally paid by David Lyon’s lawyer, Chief Afe Babalola (SAN), and APC’s lawyer, Olanipekun (SAN) to each of the three respondents – the PDP, Governor Duoye Diri, and the Deputy Governor of Bayelsa State, Lawrence Ewhruojakpo, bringing the total amount to be paid to N60 million.
Justice Augie lamented that the applications amounted to an invitation to the apex court to sit in appeal on its own judgement in violation of the Constitution.
A seven-man panel of the apex court led by Justice Sylvester Ngwuta described the applications filed by the APC and its governorship candidate at the poll, Lyon, as vexatious, frivolous, and constituted a gross abuse of court process.
Justice Augie held that it would amount to violating the finality of its judgment if the applications were granted.
She said granting the applications would open a floodgate for the review of decisions of the Supreme Court.
“There must be an end to litigation,” she said, adding, “the decision of the Supreme Court is final for ages in a matter” and only legislation could change it.
