Bayelsa Gov’ship: Court of Appeal upturns Diri’s sack

The Court of Appeal in Abuja has voided the judgment of the Bayelsa State Governorship Election Petitions Tribunal which nullified the election of Governor Duoye Diri.

A five-member panel of justices presided by Justice Adzira Mshelia yesterday unanimously held that the grounds of the appeal by Diri of the Peoples Democratic Party (PDP) has merit and upheld their submissions.

In the lead judgment read by Justice Obande Ogbuinya, the court ruled that the candidate of the Advanced Nigeria Democratic Party (ANDP) was not lawfully nominated to contest the November 16, 2019 governorship election.

The appellate court also ruled that the petition of the ANDP, which was filed outside the 14 days’ time allowed by Section 285 of the

Nigerian Constitution, 1999 for pre-election matters, was statute barred and stale, which robbed the tribunal the jurisdiction to entertain the matter.

The appellate court said the matter of exclusion occurred on September 27, 2019 while the petition was filed at the tribunal on February 26, 2020. This, the court said, can only be entertained by the regular courts under Section 35(1) of the Electoral Act.

Governor Diri had filed the appeal challenging the August 17 judgment of the election tribunal which nullified his election over unlawful exclusion of the deputy governorship candidate of the ANDP by the Independent National Electoral Commission (INEC) for being below the 35 years provided by Section 177(b) of the Nigerian Constitution, 1999.

“In the eyes of the law, only valid nomination can attract substitution,” he ruled.

Responding to the judgment, Governor Diri, described himself as God’s messenger who is only holding the affairs of the state for God to implement his divine will for the people of the state.

He said the case was like a biblical Daniel coming to judgment.

The governor in a statement by his spokesman, Mr. Daniel Alabrah, applauded the justices for upholding the law and dispensing justice to all.