Bayelsa State governor, Senator Douye Diri of the Peoples Democratic Party (PDP) has filed 12 grounds of appeal in asking the Abuja division of the Court of Appeals to quash the judgment of the state governorship election tribunal which annulled the election that brought him into office.
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The Justice Ibrahim Sirajo led three-member tribunal had on Monday, in a split decision of two to one, annulled the election on account of unlawful exclusion of the Advanced Nigerian Democratic Party (ANDP) and it’s candidate from the November 16, 2019 polls.
The tribunal consequently ordered the Independent National Electoral Commission (INEC) to conduct a fresh election in the state within 90 days and to include the name of the party, logo, and it’s candidate on the ballot paper.
But in a swift reaction, the governor had through his lead counsel, Chief Chris Uche (SAN) filed an appeal challenging the judgment of the tribunal.
In the notice of appeal dated August 18, 2020, governor Diri urged the appellate court to set aside the majority judgment and allow the minority judgment delivered by the Chairman of tribunal dismissing the petition for lacking in merit.
He contended that the two Justices who delivered the majority judgment erred in law when the held that INEC in rejecting the candidate of the ANDP as invalid was a nullity.
On this ground, the appellant argued that INEC as an electoral unmpire has the constitutional powers to vet, reject, and disqualify candidates who did not meet the statutory qualifications to stand for elective positions.
The governor made reference to sections 285(14) (c)of the 1999 constitution and therefore, the action of the INEC in disqualifying the candidate of the ANDP was not a nulity as declared by the tribunal.
The legal team further submitted that the tribunal in it’s majority judgment erred in law the political party has the locus stand to file the petition.
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