The Bayelsa State governorship election tribunal today nullified the election of Governor Douye Diri and his deputy, Lawrence Ewhrudjakpo.
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In a majority judgment delivered by Justice Yunusa Musa in the petition brought before it by the Advance National Democratic Party (ANDP) the tribunal held that the Independent National Electoral Commission (INEC) unlawfully excluded from the November 16, 2019 governorship election in the state.
It, therefore, ordered INEC to conduct a fresh governorship election in Bayelsa State within 90 days.
It also ruled that INEC does not have the power to disqualify any candidate for any election in Nigeria.
In the majority judgment, the Tribunal dismissed INEC’s argument said that the ADP’s Deputy Governorship candidate was 34 years old as at the time of nomination and therefore did not qualify to contest the election.
Conversely, it accepted the party’s argument that its substituted its initial Deputy Governorship Candidate, David Esinkuma, within the allowed time frame, following the notification from INEC that he’s under-age.
In addition, the Tribunal ruled that since INEC has no power to disqualify any candidate, the petition of the ANDP stands.
It also ruled that the petition was filed within the 21 days which is the stipulated time for petitions to be filed and therefore should be determined on its merit.
In the lead judgment, the Tribunal, therefore, nullified the election of Governor Douye Diri while ordering INEC to conduct fresh election within 90 days.
It also asked INEC to include the ANDP in the fresh election.
But in his minority judgment, the Chairman of the tribunal, Justice Muhammad Sirajo dismissed the petition on technical grounds.
Diri, candidate of the Peoples Democratic Party (PDP), was sworn in as governor after the supreme court sacked David Lyon as governor-elect 24 hours before his inauguration.
The apex court based its rulings on the premise that Biobarakuma Degi-Eremieoyo, running mate of the candidate of the All Progressive Congress (APC), presented forged certificates to the Independent National Electoral Commission (INEC).
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