The Court of Appeal sitting in Port Harcourt, Rivers State, on Friday ordered the Independent National Electoral Commission (INEC) not to remove the All Progressives Congress (APC) from the ballot, to enable him to participate in the governorship election in Bayelsa State slated for Saturday.
The court gave the order following an ex parte motion filed by the Bayelsa State governorship candidate, David Lyon, on November 14, 2019.
The court granted a stay of execution to the ruling of a Federal High Court in Bayelsa nullifying Lyon’s candidature as the All Progressives Congress (APC) standard-bearer in the governorship election.
The high court had sacked Lyon as APC candidate on the grounds that the primary election that produced him was flawed.
However, the appellate court asked INEC to proceed with the exercise with the APC on the ballot, pending the determination of the case before it.
One of the grounds for Lyon’s application at the Court of Appeal was that there would be “a great irreparable damage” to himself and his party, the APC, if the judgment by Justice Jane Inyang of the high court was allowed to be executed before the election.
An aspirant, Heineken Lokopobiri, had filed a suit to challenge the emergence of Lyon as the party’s flagbearer.