THE Supreme Court on Tuesday held that the All Progressives Congress (APC) rightly fielded Chief David Lyon as its candidate in the last governorship election, which he won.
A five-man panel, led by Justice Mary Odili, dismissed the appeal numbered SC/35/2020.
It was filed by former Minister of State for Agriculture Heineken Lokpobiri, who challenged Lyon’s nomination.
Lokpobiri had queried the APC’s decision to submit Lyon’s name to the Independent National Electoral Commission (INEC) as its candidate.
Justice John Inyang Okoro, who read the lead judgment, held that Lokpobiri’s case was statute-barred.
He said it was not filed within the 14 days allowed under the 4th Alteration Act of Section 285 of the Constitution.
Justice Okoro was of the view that political parties’ internal appeal process, which Lokpobiri blamed for filing his suit late, does not stay the running of time as contemplated under Section 285.
He affirmed a similar judgment earlier given by the Court of Appeal on the issue.
The Court of Appeal, Port-Harcourt Division, had, in the judgment, held that the suit filed by Lokpobiri at the Federal High Court was statute-barred as it was outside the 14 days provided by section 285 (9) of the 4th Alteration Act.