Vice Chairman of Port-Harcourt branch of Nigerian Bar Association, Chidi Ekeh, has said the Supreme Court has proved that it is final court in Nigeria.
Speaking in an interview, the NBA Vice Chairman said the Supreme Court could not have reviewed a matter it had already decided on in judgement given on Bayelsa State governorship election.
Last Wednesday, the Supreme Court dismissed an application brought before it by two APC lawyers asking it to review judgement on Bayelsa State governorship election.
The court did not only dismiss the application but asked the two lawyers, Chief Afe Babalola (SAN) and Wole Olanipekun (SAN), to pay N10 million each to the PDP governor, his deputy and the People’s Democratic Party.
The money was awarded as cost to the two lawyers in favour of the three respondents.
Ekeh said it’s final once the Supreme Court has given judgement.
He said: “They have demonstrated sufficiently that they are the final court in the land. In Ani and the State, the Supreme Court stated that ‘We are final not because we are infallible but we are infallible because we are final’ admitting that they are humans (and that) they can make mistakes but once they have given judgement, it’s final.”
He said the Supreme Court will not sit on appeal over its own decision and faulted the decision of the senior lawyers asking the court for review of its judgement.
The Supreme Court panel which dismissed the application had described it as “frivolous vexatious and abuse of court process.”
Ekeh said he supports the Supreme Court over what it did. However, he said that the cost awarded against the lawyers was “harsh”.
Speaking on the application, the Vice Chairman said: “The dismissal of that application … was expected. The very first day the Supreme Court delivered judgemnet in that matter, that was when that matter died and was buried. It was only in the case of Jesus Christ and Lazarus that a dead man was made to rise again. That can never happen (in the Supreme Court). So long as Supreme Court has pronounced on that as a judgement, that was the day that matter died. It was so embarrassing to hear that such calibre of lawyers will go and bring such application. If (the) Supreme Court had done otherwise, that would have destroyed the judicial system in this country.”
In dismissing the application, Justice Amina Augie, who delivered lead judgement had said: “I feel like shedding tears that senior counsel in this case would ever bring this kind of frivolous applications during my lifetime. This court is not authorized and indeed lacked jurisdiction to review any judgement delivered on merit more so when the applicants have not pointed out any accidental error or slip in the judgement. There must be an end to every litigation.
“It is settled that the decision of this court is final. This is final court and its decisions are final for all ages. The two applications brought before us today lacked merit and constituted abuse of this court and they are liable to dismissal and are hereby dismissed”.
The fine, according to her, would be paid personally by the two lawyers.
The court’s decision was lauded by immediate past governor of Bayelsa State, Seriake Dickson, the Peoples Democratic Party and other chieftains of the party.
