In the Zamfara Case the Supreme Court in its judgment specifically nullified the votes scored by APC and termed it wasted votes.

See Supreme Court orders on Zamfara below:

Consequently, the apex court, in its lead verdict that was prepared and delivered by Justice Paul Galinje, dismissed an appeal the APC lodged to challenge the appellate court’s judgement.

Besides, Justice Galinje, awarded a cost of N10million against the APC.

“I find that the lower court was right in holding that there were no primary elections in Zamfara State.

“The appeal had no merit and it should be dismissed. It is accordingly dismissed.

“The party that has no candidate cannot be declared a winner of the election. Therefore, all votes that are credited to such party is deemed as wasted voted.

“Candidates of parties with the highest number of valid votes cast with the required spread stands elected in Zamfara”, the Supreme Court held.

https://www.google.com/amp/s/www.vanguardngr.com/2019/05/breaking-supreme-court-sacks-zamfara-gov-elect-awards-n10m-cost-against-apc/amp/

However in the case of Bayelsa the Supreme did not specifically nullify the votes of APC in the said election like it did in Zamfara but it was silent on the votes.

See Supreme Court Order on Bayelsa:

In the lead judgment delivered by Justice Ejembi Eko in the appeal filed by the .PDP challenging the ruling of the Court of Appeal, which affirmed the candidacy of Degi-Eremienyo in the last governorship election in the state, the Supreme Court held:

• That this appeal be and is hereby allowed;

• That the judgment of the lower court delivered on the 23rd of December, 2019 be and is hereby set aside;

•That the judgment of the trial court delivered on the 12th day of November, 2019 including all the orders made therein, be and is hereby reinstated;

•That the joint ticket of the 1st and 2nd respondents sponsored by the 3rd respondent was vitiated by the disqualification of the 1st respondent;

• That both candidates disqualified be and are hereby deemed not to be candidates at the governorship election conducted in Bayelsa State;

•That INEC (the 4th respondent herein) declare as winner of the governorship election in Bayelsa State the candidate with the highest number of lawful votes cast with the requisite constitutional (or geographical) spread;

•That the 4th respondent (INEC) shall withdraw the certificate of return issued to the 2nd and 1st respondents and issue certificate of return to the candidate who had the highest number of lawful votes cast in the governorship election and who also had the requisite constitution (of geographical spread);

•That the parties bear their respective costs; and

•That by consent of all counsel, Appeal SC. 2/2020 shall abide the outcome of this Appeal No. SC.1/2020.

https://www.thisdaylive.com/index.php/2020/02/14/pdp-reclaims-bayelsa-as-supreme-court-sacks-apcs-governor-elect/

So how will INEC determine the candidate with the highest number of votes and geographical spread in the Bayelsa election when the APC votes were not specifically nullified as was in the case of Zamfara?

Olanikpekun where are you?

Both are same please

ojikeebere12:
Olanikpekun where are you?

Mmmmmh

Rumors have it that David Lyon may still be sworn in since INEC has not withdrawn his certificate. In a situation where that happens, will the supreme court judgement still hold?
The legal technicalities are just too much.
Thanks...gotten an answer to the q.

"That both candidates disqualified be and are hereby deemed not to be candidates at the governorship election conducted in Bayelsa State;"


Did you read this at all?

If they are not candidates, the votes are voided.

The people voted Lyon no doubt, but the deputy killed it.

Tomide007:
Rumors have it that David Lyon may still be sworn in since INEC has not withdrawn his certificate.

He never will.

The SC was specific. Withdraw the CoR...

So even if they don't give Diri..it can never be Lyon.

But what do I know!?

Tomide007:
Rumors have it that David Lyon may still be sworn in since INEC has not withdrawn his certificate.

Will he allow himself to be played?....I don't think so..

EdoBoy90:
"That both candidates disqualified be and are hereby deemed not to be candidates at the governorship election conducted in Bayelsa State;"


Did you read this at all?

Yes disqualified but no word on the votes they already scored in the election. Except you are inferring?

Esseite:
If they are not candidates, the votes are voided.

That is your own inference from the orders but that was not explicitly stated in the judgement.

APC urchins trying so hard to swallow this sad reality

it's bitter to swallow

just few weeks ago the same urchins are gallivanting around trying to justify the day light robbery in imo state little did they know that it might be their turn soon

Honestly nobody knows tomorrow

Tomide007:
Rumors have it that David Lyon may still be sworn in since INEC has not withdrawn his certificate. In a situation where that happens, will the supreme court judgement still hold?

No judge in Nigeria is going to swear in Lyon when the Supreme court has ruled otherwise

its goodnight to APC and Lyon. Lyon won the election but his deputy caused his downfall

Chai

odiks:


That is your own inference from the orders but that was not explicitly stated in the judgement.

That is the reality, it's just a bitter pill..

Malami should interprete this as the Agn , supreme Court stated it clearly in zamfara case, while it was silent on Bayelsa case, another angle

lyon has the certificate of return and might still be sworn in pending inec official withdrawal. apc and AGF might capitalize on this like they did in kogi. The agf would write to the SC calling their attention to a precedence set by the SC in 99.
The only thing that invalidate votes of a party is if the primary was flawed. But in this case, the primary isn't the issue, so the retain its votes cos political party is the one voted , not the candidate.

Caseless:
lyon has the certificate of return and might still be sworn in pending inec official withdrawal. apc and AGF might capitalize on this like they did in kogi. The agf would write to the SC calling their attention to a precedence set by the SC in 99.
The only thing that invalidate votes of a party is if the primary was flawed. But in this case, the primary isn't the issue, so the retain its votes cos political party is the one voted , not the candidate.

Story

Tomide007:
Rumors have it that David Lyon may still be sworn in since INEC has not withdrawn his certificate. In a situation where that happens, will the supreme court judgement still hold?
The legal technicalities are just too much.
Thanks...gotten an answer to the q.

The supreme Court judgement has withdrawn the certificate of return from Lyon, so INEC does not need to retrieve the physical paper from him. What is left in Lyon's hand is just a worthless piece of paper.

Caseless:
lyon has the certificate of return and might still be sworn in pending inec official withdrawal. apc and AGF might capitalize on this like they did in kogi. The agf would write to the SC calling their attention to a precedence set by the SC in 99.
The only thing that invalidate votes of a party is if the primary was flawed. But in this case, the primary isn't the issue, so the retain its votes cos political party is the one voted , not the candidate.

Bayelsa chief judge will not swear in Lyon. If he does, he will be sanctioned.

Maybe Oshiomohle will act as the chief judge and swear Lyon in. Everything is possible, you know?

odiks:


Yes disqualified but no word on the votes they already scored in the election. Except you are inferring?

Since Lyon has been disqualified, what it means is that APC had no candidate in the elections and all votes given to Lyon has been disqualified along with him

APC online e-rats trying to console themselves when the Supreme Court judgement is as clear as Lie Mohammed lies

For the record, our electoral laws do not allow a party to participate in an election without a candidate and also do not allow independent candidate, i.e candidate to participate in an election without being sponsored by a Party. So, the two goes pari passu. APC is deemed not to have participated in the Bayelsa Governorship elections because it didn't have a candidate

gidgiddy:


Since Lyon has been disqualified, what it means is that APC had no candidate in the elections and all votes given to Lyon has been disqualified along with him

the votes belongs to Apc not lyon. Supreme Court can only cancelled votes when primary is flawed.
In zamfara case it was stated clearly

Caseless:
lyon has the certificate of return and might still be sworn in pending inec official withdrawal. apc and AGF might capitalize on this like they did in kogi. The agf would write to the SC calling their attention to a precedence set by the SC in 99.
The only thing that invalidate votes of a party is if the primary was flawed. But in this case, the primary isn't the issue, so the retain its votes cos political party is the one voted , not the candidate.

That is it.gbam

kelvinginzie:


Story

Pdp will not rule bayelsa

APC urchins trying to twist the law. Law is law, if you ain't satisfied with the judgment, go for a review and stop disturbing the cyberspace shikenan. This judgment pain them sha, non of the oil producing state will go to APC.

Ayed44:
The supreme Court judgement has withdrawn the certificate of return from Lyon, so INEC does not need to retrieve the physical paper from him. What is left in Lyon's hand is just a worthless piece of paper.

Actually, supreme court said that Inec should withdraw the certificate and re-issue that certificate the candidate that has the second best vote with wide spread. Then INEC said that they'll study the judgement. That's what got me worrying.

Tomide007:

Actually, supreme court said that Inec should withdraw the certificate and re-issue that certificate the candidate that has the second best vote with wide spread. Then INEC said that they'll study the judgement. That's what got me worrying.

Thats expected bro, INEC hasn't been served the summary of the judgment. You don't expect them to act on what the read online or journalist dish out.

Ayed44:
The supreme Court judgement has withdrawn the certificate of return from Lyon, so INEC does not need to retrieve the physical paper from him. What is left in Lyon's hand is just a worthless piece of paper.

copy
caseless and garfield1

as soon as SC declared APC candidates invalid that certificate becomes worthless immediately

abi INEC retrieved Ihedioha own from him

garfield1:

Pdp will not rule bayelsa

Go and stop the swearing in Mr man let's see. Like Oshiomhole like Garfield, speaking trash as always. You said so during the Zamfara case.

asobo:
Go and stop the swearing in Mr man let's see. Like Oshiomhole like Garfield, speaking trash as always. You said so during the Zamfara case.

garfield1 is crying since yesterday
he can't believe his eyes