Appeal Court To Deliver Make or Mar Judgment in Bayelsa Governorship election October 2

▪︎Gov Diri, PDP in fresh apprehension.

By Yemi Oyeyemi, Abuja

Bayelsa State Governor, Senator Duoye Diri and his party, Peoples Democratic Party (PDP) will this Friday October 2, 2020 at the Court of Appeal in Abuja know their fate in the disputed November 16, 2019 governorship election that produced them winners but annulled by a tribunal.

Their victory at the controversial election was two months ago nullified in a majority judgment of the State Governorship Election Petition Tribunal and a fresh election ordered

However following the hearing of their separate appeals and that of the Independent National Electoral Commission (INEC) asking the Court of Appeal to reverse the nullification, the appellate court announced Monday that its judgment in the matter will be handed down on October 2

In their separate appeals, the three appellants had pleaded that the conduct of the gubernatorial election and its outcome which produced Diri as governor be affirmed and upheld having complied with relevant laws.

In the lead appeal by Governor Diri and argued by his counsel, Chief Chris Uche, SAN, the governor argued that the case of the first respondent was statute barred as at the time it was filed.

The senior lawyer claimed that the case of the Advanced Nigeria Democratic Party ANDP was a breach of the constitution because it was based on an attempt to field two under aged candidates at the governorship poll contrary to constitutional provisions.

He contended that while INEC disqualified ANDP from participating in the election in October last year, the same respondent, did not challenge the disqualification until February this year, which according to him was more than five months as against the 14 days allowed by law.

Uche therefore urged the appellate court to set aside the majority decision of the tribunal which nullified Diri’s election and uphold the minority judgment which according to him was based on sound reasoning and law.

In his own appeal, the PDP through his counsel, Mr Yunus Ustaz SAN, drew the attention of the appellate court to an affidavit of the ANDP National Chairman, where he admitted that the party had no election in the November 16 governorship poll, adding that if a rerun is ordered the ANDP has nothing to gain because the case has become academic.

In his own appeal INEC, through his lawyer, Mr Ibrahim Bawa, SAN, informed the panel that the alteration done to section 285 of the 1999 constitution has restored power of the electoral body to screen and disqualify any candidate wrongly nominated by a political party and therefore urged the appellate court to affirm the constitutional provisions of INEC to disqualify candidate in an election.

Responding, the Advanced Nigeria Democratic Party ANDP through his lawyer, Mr Kehinde Ogunwumiju, SAN, urged the court to uphold the majority decision of the tribunal which nullified the November 16 governorship poll and ordered a fresh one.

Ogunwumiju insisted that candidate of the ANDP was lawfully nominated and it was conveyed to INEC, adding that the candidate was unlawfully disqualified and his party unlawfully excluded from the governorship election.

Presiding Justice of the five man panel, Justice Adriza Mshella, in a message to parties in the matter said that the Appeal Court will deliver its verdict October 2

One of the Senior lawyers in the matter Chief Machukwu Chukwuma Umeh SAN confirmed to our Correspondent on Thursday that the appellate court had communicated October 2 date to them to deliver its judgment.