Afe Babalola, a senior advocate of Nigeria and a legal luminary in Nigeria, has been slammed with a penalty of N30 million by the Supreme Court of Nigeria.
Chief Babalola, along with his junior lawyer, Wole Olanipekun, also a senior advocate of Nigeria, represented the All Progressives Congress, APC, and their candidates, David Lyon and his running mate, Degi Eremienyo Wangagra in challenging the decision of the Supreme Court in disqualifying the ticket of the ruling party.
On Wednesday, February 26, 2020, the apex court dismissed the applications for a review of its February 13, 2020, judgment which overturned the All Progressives Congress’ victory in the last governorship election in Bayelsa State.
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, David Lyon, as vexatious, frivolous, and constituted a gross abuse of court process.
Justice Amina Augie, who read the lead judgment, said the application amounts to “an invitation for the apex court to sit in appeal on its earlier judgment in violation of the constitution“.
She 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,” the justice declared. “The decision of the Supreme Court is final for ages in a matter” and only legislation could change it.
She said with tears in her eyes, she regretted that “very senior” lawyers were responsible for filing the applications.
The court then awarded the costs of N10m to be personally paid by Lyon’s lawyer, Chief Afe Babalola and APC’s lawyer, Chief Wole Olanipekun.
It ruled that each of the lawyers must pay the N10m to each of the three respondents – the Peoples Democratic Party, Governor Duoye Diri, and the deputy governor of Bayelsa State, Lawrence Ewhruojakpo.
The Supreme Court had disqualified Lyon’s candidacy on grounds that his running mate had submitted a fake certificate as one of his credentials to the Independent National Electoral Commission, INEC.
