Fergie garfield1
Governor Duoye Diri of Bayelsa State, on Tuesday, filed 11 grounds of appeal against Monday’s judgment of the state’s governorship election petition tribunal which sacked him from office.

The tribunal sitting in Abuja nullified Diri’s election on the platform of the Peoples Democratic Party and ordered the Independent National Electoral Commission to conduct a fresh poll within 90 days.

The three-man tribunal, in a split decision of two-to-one, had the majority nullify the November 16, 2019 election as a result of the unlawful exclusion of the Advanced Nigeria Democratic Party and its candidate, King George, from the exercise.


Two judges on the panel – Justices Yunusa Musa and Sikiru Owoduni – in upholding the petition filed by the ANDP, held that INEC lacked the power to exclude any party from an election.

But the chairman of the tribunal, Justice Ibrahim Sirajo, in his dissenting judgment, dismissed ANDP’s petition.

Diri, through his lead counsel, Chief Chris Uche (SAN), on Tuesday, filed a notice of appeal containing 11 grounds at the Court of Appeal in Abuja, contending that the judges who delivered the tribunal’s majority judgment erred in law.


He urged the court to set aside the majority judgment and affirm Justice Sirajo’s minority judgment of the tribunal.

The appellant contended among others that the tribunal erred in law when it held that ANDP’s petition was not statute-barred.


According to the appellant, the cause of action arose on November 16, 2019, being the election day from which ANDP claimed to have been excluded and the party had 21 days within which to file their petition but did not file the petition until more than five months after.


The governor’s lawyer maintained that the ANDP’s petition was statute-barred, in breach of the provisions of section 285(5) of the Nigerian Constitution.

He also argued that the tribunal erred in its majority judgment that ANDP’s candidates for the November 16, 2019 election were validly nominated.


He contended that INEC never rejected or disqualified the candidates of ANDP in its September 13, 2019 letter but merely informed the party that the nomination of its candidates “was invalid for the reason of their being underage and below the constitutional age threshold”.


He added that the decision of the tribunal “was in conflict with the evidence” of the party “voiced out through the highest organ” of the party that its deputy governorship candidate was not disqualified by INEC.

Uche also argued that the tribunal erred in law when it held in its majority judgment that ANDP possessed locus standi to file and maintain its petition.

He added that it erroneous for the tribunal to have held in the majority judgment that ANDP’s case is not a pre-election matter.


He argued that by virtue of section 285(14)(c) of the Constitution, the allegation of disqualification form an election constituted grounds for pre-election and not post-election cases.

The appellant urged the Court of Appeal, to “set aside the entire majority decision of the tribunal (per Hon. Justice Yunsa Musa and Hon. Justice S. M Owodunni) appealed against and to dismiss the 1st respondent’s petition”.

He also urged the court to “uphold the minority judgment of the Chairman of the Bayelsa State Governorship Election Petition Tribunal, Hon. Justice Muhammed I. Sirajo which clearly appreciated the law and correctly applied the same to the facts, and rightly dismissed the petition”.
https://www.google.com/amp/s/punchng.com/bayelsa-diri-files-appeal-against-sacking-by-tribunal/%3famp=1

He contended that INEC never rejected or disqualified the candidates of ANDP in its September 13, 2019 letter but merely informed the party that the nomination of its candidates “was invalid for the reason of their being underage and below the constitutional age threshold”.

Dead on arrival.

INEC through Mr. Festus Okoye, this morning, admitted that they disqualified the ANDP from participating in the election.

Ok

quickberry:
He contended that INEC never rejected or disqualified the candidates of ANDP in its September 13, 2019 letter but merely informed the party that the nomination of its candidates “was invalid for the reason of their being underage and below the constitutional age threshold”.

Dead on arrival.

INEC through Mr. Festus Okoye, this morning, admitted that they disqualified the ANDP from participating in the election.

Did the ANDP substitute candidate outside the timeframe provided by the law?

quickberry:
He contended that INEC never rejected or disqualified the candidates of ANDP in its September 13, 2019 letter but merely informed the party that the nomination of its candidates “was invalid for the reason of their being underage and below the constitutional age threshold”.

Dead on arrival.

INEC through Mr. Festus Okoye, this morning, admitted that they disqualified the ANDP from participating in the election.

That tribunal judgment will fly

kcnwaigbo:


Did the ANDP substitute candidate outside the timeframe provided by the law?

They knew and even replaced him with a Lady below 35.

AAA593:

That tribunal judgment will fly

Majority or minority?

quickberry:


Majority or minority?

Majority

AAA593:

They knew and even replaced him with a Lady below 35.

The lady is not below 35

AAA593:

Majority

Okay

quickberry:


The lady is not below 35

She is o. The period of substitution even passed before her name was presented

kcnwaigbo:


Did the ANDP substitute candidate outside the timeframe provided by the law?

The question should be; does INEC have the right to disqualify the party from participating in the election?

AAA593:

She is o. The period of substitution even passed before her name was presented

The replacement is not below 35, the bone of contention is that the name was submitted after the deadline for replacement of candidates.

quickberry:


The question should be; does INEC have the right to disqualify the party from participating in the election?

Can a candidate below 35 be accepted?

The only interesting part of the appeal is the status barred, the rest is just stupid rhetorics like saying inec didnt disqualify the party, like seriously is this a joke or what

Diri lawyers re making judges work easily.las las all the parties should go and prepare for fresh Election.

quickberry:


The replacement is not below 35, the bone of contention is that the name was submitted after the deadline for replacement of candidates.

Now you know.

AAA593:

Can a candidate below 35 be accepted?

It's only the courts that can disqualify a candidate

As a senior lawyer, and based on the grounds of Appeal, i can conclude that the judgement of majority of the tribunal will be upheld.

The grounds contended by the counsel of Diri lacks merit and cant fly.

I urge Diri to begin to prepare for a fresh election.

Legal practitioners across TV stations are condemning this cooked judgment

Confirmedzombie:
As a senior lawyer, and based on the grounds of Appeal, i can conclude that the judgement of majority of the tribunal will be upheld.

The grounds contended by the counsel of Diri lacks merit and cant fly.

I urge Diri to begin to prepare for a fresh election.

This is false

quickberry:


It's only the courts that can disqualify a candidate

With inec can accept form from a 10 year old Nigerian citizen

AAA593:

With inec can accept form from a 10 year old Nigerian citizen

you and this your 10yrs old rhetorics

You should be bothered that diri lawyers re making mockery of their case
You expect appeal court to set aside tribunal judgment for that watery shit diri lawyers put together

ORIENTATION101:
you re this your 10yrs old rhetorics

You should be bothered that diri lawyers re making mockery of their case
You expect appeal court to set aside tribunal judgment for that watery shit diri lawyers put together: D

Yes Sir president court of appeal. Your eyes will soon clear

AAA593:

Yes Sir president court of appeal. Your eyes will soon clear

i'm not a judge but if any legal counsel present that trash to me , I will fling it outside the court room

I was thinking the matter is between INEC and the other party. INEC might spoil case for Diri . He should work with INEC.

duro4chang:
I was thinking the matter is between INEC and the other party. INEC might spoil case for Diri . He should work with INEC.

Any of them can appeal

duro4chang:
I was thinking the matter is between INEC and the other party. INEC might spoil case for Diri . He should work with INEC.

INEC is not even appealing the case

AAA593:

Any of them can appeal

Wrong

quickberry:


Wrong

AAA593:

Wait till judgement is delivered on the case

ok

quickberry:


Wait till judgement is delivered on the case

No problems