Bayelsa state Governor Douye Diri has said he would appeal Monday’s ruling of the state election petition tribunal sitting in Abuja, nullifying his election.
The governor said he has instructed his lawyers to file all necessary papers to that effect.
Governor Diri, who spoke shortly after the tribunal ruled that the Independent National Electoral Commission (INEC) wrongly excluded the Advanced Nigeria Democratic Party (ANDP) governorship candidate in the November 16, 2019 election, expressed confidence in the nation’s judiciary to get justice.
The ANDP had, through its governorship candidate, King Lucky George, and its national chairman, Charles Ogboli, approached the tribunal for the nullification of the November 19, 2019 governorship election.
The party demanded an order for fresh election on the grounds that its name and logo were excluded from the ballot papers used for the election.
The party’s counsel, Kehinde Ogunwumiju, SAN, told the tribunal that INEC witnessed and monitored its governorship primary and that it was curious and unacceptable that the electoral body could exclude it from the poll.
INEC’s counsel, Ibrahim Bawa, SAN, told the tribunal that after examining the evidence tabled by the petitioners, the commission preferred not to call any witness.
Similarly, the Peoples Democratic Party (PDP’s) counsel, Emmanuel Enoidem, and that of the governor, Gordy Uche, SAN, spoke along the same line, saying rather than calling witnesses, they would submit documents to the tribunal.
The ruling
Although the tribunal’s chairman, Justice Ibrahim Sirajo upheld INEC’s decision, the two other members namely; Justices S.M Owoduni and Yunusa Musa, in their judgement voided the outcome of the November 16, 2019 election.
In their majority ruling, Justices Owoduni and Musa agreed that INEC illegally excluded ANDP and its governorship candidate from the election.
But in a minority decision, Justice Sirajo said there was evidence that ANDP was disqualified from the election for fielding an ineligible candidate.
He noted that the party nominated an under-aged deputy governorship candidate, who admitted he was 34-year-old as against 35-year-age bracket stipulated by the 1999 Constitution.
The tribunal said it found merit in the petition and consequently nullified the election and ordered INEC to conduct a bye-election in the state within 90 days.
APC jubilant
The ruling instantly threw the camps of the All Progressives Congress (APC) into wild jubilation in some parts of the state, with hundreds of supporters besieging the state secretariat of the opposition party at the Bay Bridge area of the state.
When Blueprint visited the party secretariat about 3 pm, the mood of the APC supporters was ecstatic as some of them claimed the nullification of the election and the ordered fresh election in the state would give their flag bearer, Chief David Lyon another chance to reclaim the mandate nullified by a Supreme Court ruling February 13 following irregularities by his running mate, Senator Biobarakuma Degi-Eremienyo.
Meanwhile, the panel had Saturday unanimously dismissed three petitions challenging Diri’s victory.
Delivering the judgement the petition filed by the Alliance for Democracy (AD) and its candidate, Owei Woniwei, Justice Owoduni held that it was incompetent and lacked merit.
He ruled that the petitioners failed to prove the allegation that Diri’s deputy, Lawrence Ewhrudjakpo, forged his declaration of age and National Youth Service Corps (NYSC) discharge certificate.
Also, in the second petition filed by Mr Ibiene Stephen and his party, UPC and that by the candidate of the Liberation Movement (LM), Mr Vijah Opuama, the panel also dismissed the duo.
Opuama, among others, alleged that Ewhrudjakpo submitted forged NYSC exemption certificates and documents that contained false information to INEC.
He also asked the tribunal to cancel the election and order a fresh poll.
Diri reacts
In a reaction however, Governor Diri expressed the hope that he would get justice at the end of the trial at either the appellate court or the Supreme Court.
He said: “We trust in the judiciary and we are appealing the judgement. With God on our side, we will get justice.
“This is a court of first instance and I have instructed our lawyers to file an appeal. We have a right of appeal even up to the Supreme Court.”
In a statement by his acting Chief Press Secretary (CPS), the governor urged the PDP members and his supporters not to panic but to remain calm and law-abiding.
Former Gov Dickson
Also, in another reaction, the immediate past governor of the state, Mr Henry Seriake Dickson said it is a temporary setback.
In a statement by his media advisor, Mr. Fidelis Soriwei, the former governor said both the PDP and the government would appeal the judgment.
He said there was no vacancy in the Bayelsa Government House as Diri remains governor pending the Supreme Court’s decision.
“I urge Bayelsans to remain calm. They shouldn’t misinterpret what took place at the tribunal today. The judgment is a temporary setback that does not have any effect on the status quo until all processes of appeal are exhausted.
“There is no vacancy in the Bayelsa Government House. Diri remains Governor until the Supreme Court decides. Of course what this means is that the PDP will appeal this decision,” he said.
State lawmakers on solidarity visit
Meanwhile, members of the Bayelsa State House of Assembly, led by Speaker Abraham Ingobere paid a solidarity visit to Governor Diri at the Government House Yenagoa.
Receiving the lawmakers, the governor told them to go ahead with the screening of 24 commissioner-designates he forwarded to them last week.
He said: “I am very sound-minded by your visit. I am aware you are receiving some August visitors by tomorrow in the House. Please, you should go ahead and screen the commissioner-nominees, and I will swear them in as commissioners. Our government is already on course to deliver to the people.”
