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Bayelsa Supreme Court Ruling: Matter Arising - Politics - Nairaland

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Bayelsa Supreme Court Ruling: Matter Arising by engineerboat(m): 10:42pm On Feb 13, 2020
Below is the ruling of the Apex court today.


The Supreme Court on Thursday nullified the election of Bayelsa State governor-elect, David Lyon, and his running mate, Biobarakuma Degi-Eremienyo, who were already preparing to be inaugurated on Friday (tomorrow).

A five-man panel of the apex court, led by Justice Mary Peter-Odili, ordered the Independent National Electoral Commission to withdraw the Certificate of Return issued to the All Progressives Congress’ candidates who had been declared winners of the November 16, 2019 governorship election in the state.

The apex court ordered INEC to issue fresh certificates to the candidates of the party with the next highest votes and with the required constitutional spread of votes in the results of the election, which are the Peoples Democratic Party’s candidates.

THE MAIN RULING

Justice Ejembi Ekwo, who read the lead judgment of the apex court, made the orders after disqualifying the APC deputy governorship candidate, Degi-Eremienyo, as a candidate in the election.


1. The court upheld the November 12, 2019 judgment of the Federal High Court in Abuja, which had disqualified Degi-Eremienyo in the election for submitting forged certificates to INEC.


Justice Eko disqualified Degi-Eremienyo’s candidacy on the grounds that he presented false information about his educational qualifications in his Form CF001 submitted to INEC as a candidate for the 2019 election.

He noted that the “claims” by Degi-Eremienyo appeared to be “fraudulent”, pointing out to “several names he uses variously chameleonically to suit the changing environment.”



He ruled that Degi-Eremienyo’s disqualification on the basis of submitting false information to INEC had infected the joint ticket with which he and Lyon contested the election and emerged victorious.

He said, “In sum total, the joint ticket of the first and second respondents (Lyon and Degi-Eremienyo) sponsored by the 3rd respondent, APC, was vitiated by the disqualification of the first respondent (Degi-Eremienyo).

“Both candidates disqualified are deemed not to be candidates in the governorship election.”


Justice Eko, in nullifying APC’s victory, restored and affirmed the earlier judgment of Justice Inyang Ekwo of the Federal High Court in Abuja, which disqualified Degi-Eremienyo’s candidacy and nullified the party’s ticket for the poll.

He set aside the December 23, 2019 judgment of the Court of Appeal in Abuja which had contrary to the Federal High Court’s decision validated the former deputy governor-elect’s candidacy.

The appeal ruled upon by the Supreme Court was filed by the PDP, its governorship and deputy governorship candidates of the party, who had alleged in their suit originated at the Federal High Court in Abuja that Degi-Eremienyo presented to INEC, documents of academic qualifications with about nine variations of names different from the name that appeared on his Form CF001 submitted to the electoral commission.


The names on the different documents attached to his Form CF001 were said to be, Biobarakum Degi-Eremienyo, Degi Biobaragha, Degi Biobarakuma, Adegi Biobakunmo, Degi-Eremienyo Wangagha.

He was said to have claimed to have obtained “his First School Leaving Certificate in 1976” and presented to INEC “a First Leaving School Certificate of one Degi Biobaragha other than the one bearing his name Biobaragha Degi-Eremieoyo as shown in his INEC Form CF001”.

He was also said to have claimed to have “obtained his West African Examinations Council General Certificate of Education in 1984” and presented to INEC, “a GCE certificate of one Adegi Bibakuo other than the one bearing his name Biobarakuma Degi-Eremieoyo as shown in his INEC Form CF001.”


The Federal High Court had held that there was no evidence to prove that the documents with different name variations were his.

Upholding the finding on Thursday, the apex court held that the affidavits of correction of names and regularisation of names filed by him were not enough as he ought to have followed the laid down legal procedures.


It ordered INEC to withdraw the certificates of return issued to Lyon and Degi-Eremienyo as the winners of the poll.

It ordered fresh ones to be issued to the governorship and deputy governorship candidates of the party with the highest votes and met the constitutional spread of votes in the election.

It also ordered the newly declared winners of the election to be sworn in at the appropriate time.


From the foregoing,

1. APC joint ticked had been vitiated (DESTROYED) meaning they have no candidate for the election, therefore for any party to participate in an election and have valid votes, they must have a candidate as required by law.

With this All APC votes are also Vitiated by the deputy Gov candidate action.

Therefore it is safe to say that according to the Supreme court ruling the next Highest vote party PDP will be sworn in tommorrow according to the stipulated schedule.
Re: Bayelsa Supreme Court Ruling: Matter Arising by engineerboat(m): 10:43pm On Feb 13, 2020
David Lyon it's so saddened that Your party cannot do a serious check and also take to advise from the onset on the candidacy of The deputy gov candidate

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Re: Bayelsa Supreme Court Ruling: Matter Arising by engineerboat(m): 7:10am On Feb 14, 2020
Justice Ejembi Eko who delivered the lead judgement reinstated the November 12, 2019, Judgement of the Federal High Court in Abuja that disqualified Degi-Eremieoyo from participating in the governorship poll.


The apex court held that since Degi-Eremieoyo shared a joint ticket with the governor-elect, his disqualification invalidated their nomination by the All Progressive Congress, APC.

The summary of the whole judgement yesterday.

They were not suppose to participate in the said election consequently, their votes are invalidated.

1 Like

Re: Bayelsa Supreme Court Ruling: Matter Arising by engineerboat(m): 8:30am On Feb 14, 2020
Judgement

Re: Bayelsa Supreme Court Ruling: Matter Arising by Maxymilliano(m): 8:48am On Feb 14, 2020
engineerboat:


He noted that the “claims” by Degi-Eremienyo appeared to be “fraudulent”, pointing out to “several names he uses variously chameleonically to suit the changing environment.”


Chamelonically ? grin grin grin grin

Wetin Degi no go see for Supreme court
Re: Bayelsa Supreme Court Ruling: Matter Arising by fergie001: 9:07am On Feb 14, 2020
Maxymilliano:


Chamelonically ? grin grin grin grin

Wetin Degi no go see for Supreme court
Hahahahahahaha.......Thank you Engineerboat.

New grammar: CHAMELEONICALLY!!!?!!

Look at the height of Jurists that decided on this case.

Kayode Ariwoola..4th in line (next CJN-designate by hierarchy). He was in the panel that affirmed PMB's election against Atiku and was also one of the judges who concurred in the Ihedioha v Uzodinma judgement.

Inyang Okoro.....sound Jurist

Adamu Augie was in the panel that affirmed Hope's victory

Ejembi Eko read the lead judgement and was amongst those who affirmed PMB's victory.

But its Mary Odili that is causing drama....mtchew


Congrats Diri.....
No matter what happens, More Grace, Lyon.
Re: Bayelsa Supreme Court Ruling: Matter Arising by OzilBaba50: 9:09am On Feb 14, 2020
Clerverly NgeneUkwenu

1 Like

Re: Bayelsa Supreme Court Ruling: Matter Arising by engineerboat(m): 9:27am On Feb 14, 2020
Maxymilliano:


Chamelonically ? grin grin grin grin

Wetin Degi no go see for Supreme court

Seriously serious

1 Like 1 Share

Re: Bayelsa Supreme Court Ruling: Matter Arising by AdaoraNK(f): 9:32am On Feb 14, 2020
fergie001:

Hahahahahahaha.......Thank you Engineerboat.

New grammar: CHAMELEONICALLY!!!?!!

Look at the height of Jurists that decided on this case.

Kayode Ariwoola..4th in line (next CJN-designate by hierarchy). He was in the panel that affirmed PMB's election against Atiku and was also one of the judges who concurred in the Ihedioha v Uzodinma judgement.

Inyang Okoro.....sound Jurist

Adamu Augie was in the panel that affirmed Hope's victory

Ejembi Eko read the lead judgement and was amongst those who affirmed PMB's victory.

But is Mary Odili that is causing drama....mtchew


Congrats Diri.....
No matter what happens, More Grace, Lyon.

Good observations.

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