— SC Says Suit Against Dickson Not Statute Barred

The Supreme Court on Tuesday, dismissed the two appeals filed by the former Governor of Bayelsa, Seriake Dickson and PDP against Owoupele Eneoriekumoh.

The appeals were in respect of a pre-election suit seeking to disqualify the former Governor of Bayelsa State from contesting the Senatorial Election.

Delivering the judgment in Appeal No SC/CV/54/2021 and SC/CV/55/202, the Supreme Court affirmed that the judgment of the Court of Appeal that the pre-election matter against Dickson is competent.

TheNigeriaLawyer recalls that Owoupele Eneoriekumoh, a kinsman of former Bayelsa State Governor Seriake Dickson, had petitioned the Chief Judge of the Federal High Court, over alleged failure to compile and transmit records of proceedings in suit number FHC/YNG/CS/72/2020 within time.

Owoupele, who is the plaintiff in the above-mentioned suit, had sued the Independent National Electoral Commission (INEC), Peoples Democratic Party, and Dickson as first, second and third respondents over alleged false information contained in the INEC form EC9 of Seriake Dickson, the candidate of PDP for the Bayelsa West senatorial election.

Justice Jane Inyang in her ruling on November 11, 2020, dismissed the suit for being filed out of time as time starts to count from the date of the submission of INEC Form EC9.

However, the Court of Appeal, Port Harcourt Division, had on January 7, 2021 ruled that the disqualification suit against Dickson was not statute-barred and should be given an accelerated hearing by the Federal High Court, where the matter was first initiated.

The three-man panel presided over by Justice U. Onyemenam, disagreed with the Federal High Court’s decision to dismiss the matter, saying the judgement of the lower court was wrong.

The lawyers to the 1st Respondent, P.  D. Pius, Esq and E. A. Aluzu had sought for the disqualification of Dickson before the Federal High Court.

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