Uneasy calm in Bayelsa as tribunal sacks Gov Diri Gov heads to Appeal Court

There is uneasy calm in Yenagoa, the Bayelsa State capital, following the nullification of the election of the state governor, Senator Douye Diri of the PDP and his deputy, Lawrence Ewhrudjakpo, by the Bayelsa Governorship Election Petitions Tribunal in Abuja.

A three-member panel of justices presided by Justice Ibrahim Sirajo on Monday upheld the petition of the Advanced Nigeria Democratic Party (ANDP) on the exclusion of the party in the November 16, 2019 governorship election.

In a split judgment of two to one delivered by Justices Justice Sikiru Owodunni and Yunusa Musa, the panel ordered the Independent National Electoral Commission (INEC) to conduct fresh election in the state within 90 days.

The panel ruled that INEC’s failure to respond to the letter from the ANDP informing it of the substitution of their candidate was an admission of the unlawful exclusion.

But in a dissenting judgment, Justice Sirajo held that the candidate of the ANDP, King Lucky George, was validly disqualified by INEC for being below the constitutionally required age of 35.

He said INEC had on September 21 wrote that the window to substitute the deputy governorship candidate had elapsed and the party did not challenge the decision at the Federal High Court as a pre-election matter based on Section 285(9), 285(14) of the Nigerian Constitution 1999, thus the matter before the tribunal had become statute barred.

The court said the political party was already in default of the constitutional provision on age qualification to contest the election.

Five petitions were heard by the tribunal following the outcome of the governorship election.

Of them, the tribunal upheld Governor Diri and Ewhrudjakpo’s election and dismissed allegations of alteration of the deputy governor’s name in his National Youth Service Corps (NYSC) certificate, and alleged irregularities and non-compliance with the law.

The tribunal also on Monday dismissed the petition of Accord Party’s candidate, Ebizimor Diryai, challenging the deputy governor’s certificate.

Earlier on Saturday, the tribunal also dismissed the petitions of the candidates of Liberation Movement (LM), Vijay Opuama; Alliance for Democracy (AD), Onwei Tongo; and United Congress Party (UCP), Stephen Ibiene, all challenging the qualification of the deputy governorship candidate of the PDP.

Speaking on the judgment, counsel to Governor Diri, Chris Uche (SAN), said they will appeal the judgment and expressed confidence that the appellate courts would dismiss the case of ANDP.

“You are asking that you were excluded, excluded from what? The election took place on November 16, 2019, and in March 2020, five months later, you are coming to ask that you were excluded. What the Supreme Court did in February was a declaration. So, when were you excluded?” he said.

In his reaction, Dayo Akinlaja (SAN) said APC would not be involved in the court-ordered governorship rerun election, adding that the election was between the PDP and other parties, including the one that was excluded.

He added, however, that “It is too early to celebrate because it may turn out to be a pyrrhic victory in view of the fact that there is still room for appeal.”

On when the 90 days ordered by the tribunal for the conduct of fresh election become effective, Akinlaja said since the electoral law provides for 21 days within which to appeal, once the appeal is lodged it serves as a stay of the judgment of the tribunal.

Reacting, INEC said the nomination of the ANDP was invalid. The commission said the party

did not exercise its right as guaranteed in the Fourth Alteration to the Constitution by filing its suit within 14 days of the accrual of the said right.

It added that it might respond to some of the issues raised by the tribunal when it is availed of the full judgment.

The INEC National Commissioner and Chairman, Information and Voter Education Committee, Mr. Festus Okoye, stated this in an interview with the News Agency of Nigeria. Meanwhile, in Yenagoa, after the judgement, Governor Diri was spotted in his office at Creek Haven, Bayelsa State government house receiving visitors and well-wishers who went to assure him of their support.

He had earlier met with the state caucus of the PDP, while the Speaker of the State House of Assembly, Abraham Ngobere, led the PDP members of the house on a solidarity visit to the governor.

Our correspondent reports that members of APC trooped out to jubilate the outcome of the tribunal.

The general mood in the state was calm when compared to what happened after the judgement of the Supreme Court that ousted David Lyon of APC as governor-elect last February.

ANDP secretariat unknown

The governorship candidate of ANDP, Mr King George, is not a familiar name in the politics of Bayelsa State, our correspondent reports. It was reported that most of the political gladiators in the state could not even trace his local government of origin.

Similarly, our correspondent could not locate ANDP’s secretariat in Yenagoa, the state capital. It was also gathered that the party has no office in any of the eight local government areas of the state.

ANDP has never won an elective position in the state.