Why Supreme Court docket upheld Diri’s election as Bayelsa Governor
The Supreme Court docket on Wednesday dismissed six appeals filed in opposition to the election of Douye Diri of the Peoples’ Democratic Occasion (PDP) as Governor of Bayelsa State.
A seven-man panel of the courtroom led by Justice Sylvester Ngwuta, in its first determination, dismissed the attraction by the Superior Nigeria Democratic Occasion (ANDP) following its withdrawal by the appellant.
The courtroom famous that the appellant’s declare of the fallacious disqualification of its candidate by the Impartial Nationwide Electoral Fee (INEC) was wrongly made as a result of the stated candidate didn’t meet the constitutional age requirement within the first place.
The attraction was marked: SC/775/2020. Different appeals dismissed on Wednesday are these filed by Owei Tongu Woniwei of Alliance for Democracy (SC/774/2020); Vidjah Eldred Opuama of Liberation Motion (SC/776/2020) and Barr. Ebizimo Diriye of Accord Occasion (SC/772/2020).
The appeals had been in opposition to the selections of the Court docket of Enchantment, given earlier this 12 months.
The Court docket of Enchantment had, in its October 2, 2020 determination within the case by the ANDP, put aside the August 17, 2020 majority judgment of the election tribunal and upheld the minority judgment, which dismissed the occasion’s petition on the grounds that it was statute-barred and that it did not show its case.
The bulk determination of the tribunal, given by two of the three judges, had upheld the ANDP’s case of illegal exclusion, voided Diri’s election, and ordered the Impartial Nationwide Electoral Fee (INEC) to conduct a recent election within the state inside 90 days.
A five-man panel of the Court docket of Enchantment had, in upholding the minority judgment, held that the go well with was not solely statute-barred, however the petitioner additionally failed to provide proof to show that its candidate was eligible for a contest the election.
The courtroom discovered, as held within the minority judgment that the ANDP nominated an underage deputy governorship candidate, who admitted at trial that he was 34 years outdated, as in opposition to the 35 years minimal allowed within the Structure for a governorship candidate.
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