SHARES


Godwin Tsa, Abuja

The Deputy Governor of Bayelsa State, Mr Lawrence Ewhrudjakpo, has asked the state governorship tribunal sitting in Abuja to dismiss the petition filed against him by the governorship candidate of Liberation Movement (LM), Vijah Opuama, saying the suit is incompetent.

The petitioner has alleged that Mr Ewhrudjakpo submitted forged documents containing false information to the Independent National Electoral Commission (INEC) for the 16 November 2019 governorship election in Bayelsa State.



The petitioner is praying the tribunal to disqualify the Governor, Duoye Diri, his Deputy Ewhirudjakpo and their political party – the People’s Democratic Party (PDP) – and to order a fresh election without the disqualified PDP.

But picking holes in the petition, the deputy governor in his preliminary objection filed by his counsel, Mr Chukwuma-Machukwu Ume, SAN, urged the tribunal to dismiss and or strike out the petition for being incompetent.

In the preliminary objection brought pursuant to section 6 (6) of the 1999 constitution, section 145(1) of the Electoral Act, 2010 and other relevant laws, Mr Ewhrudjakpo contended that the petition is statute-barred having been filed outside the mandatory statutory period of 21 days.



Mr Ume, who argued that the petition is incompetent, added that the petitioner lacked the locus standi to solely contest the outcome of the election without joining the political platform (LM) that sponsored him to participate in the election.

On this ground, the senior lawyer referred the tribunal to section 137(1)(b) of the Electoral Act to emphasise that LM, being the party that sponsored the petitioner in the November election, is a necessary party for the purpose of determining the petition before the tribunal.

In addition, Mr Ume submitted that as of when the petition was filed on February 20, 2020, or thereabout, the petitioner’s erstwhile political party (LM) has long ceased to exist as a political party as it has been de-registered by the Independent National Electoral Commission (INEC) since February 6, 2020.

Mr Umeh noted that it was for these reasons that the petitioner failed to join the political party that sponsored him in his petition contrary to section 177(1)(C) of the 1999 constitution.

Ume submitted that situating the legal position of the petitioner to his own petition, his political party cannot reap from the judgment of the Federal High Court in suit No: FHC/ABJ/ CS/ 444/2019 between Advanced Congress of Democrats (ACD)& 32 Ors Vs AGF and Anor, since it was not a party to the suit.

It is also the position of the deputy governor that it was too late in the day for the petitioner to now file a motion seeking to join his political party (LM) as a party to the petition since his preliminary objection contesting the competence of the petition has since been taken and issues already joined by parties.

https://www.google.com/url?q=https://www.sunnewsonline.com/bayelsa-guber-deputy-gov-asks-tribunal-to-dismiss-petition-against-him/&sa=U&ved=2ahUKEwiFs8TjnNbpAhWL3oUKHeD2CKEQFjABegQICRAB&usg=AOvVaw27OO6D_05KmVdPd_ysnIPk

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The deputy's prayers are watery.the tribunal will easily strike them out

senatordave1:
The deputy's prayers are watery.the tribunal will easily strike them out

Wait, if the tribunal chase them out, who will become the governor?

Sammy07:


Wait, if the tribunal chase them out, who will become the governor?

Pastor ebiriyai of accord party who came third

senatordave1:


Pastor ebiriyai of accord party who came third

Na wa oooo.

Nigeria Politics is unpredictable

Sammy07:


Na wa oooo.

Nigeria Politics is unpredictable

Hmmm.it is if you follow the events closely

senatordave1:


Hmmm.it is if you follow the events closely

I'm no fan of politics that's why.

To me, it's still unpredictable.

Kai.....see technicality.....Now no other party can challenge this.
This is how another forger escapes.
The case is dead. You cannot file without a political party which is the only vehicle to challenge or contest electoral positions.

I no like am, but Congrats Diri.

senatordave1:
The deputy's prayers are watery.the tribunal will easily strike them out

Did you read this ?
Mr Ume, who argued that the petition is incompetent, added that the petitioner lacked the locus standi to solely contest the outcome of the election without joining the political platform (LM) that sponsored him to participate in the election.

On this ground, the senior lawyer referred the tribunal to section 137(1)(b) of the Electoral Act to emphasise that LM, being the party that sponsored the petitioner in the November election, is a necessary party for the purpose of determining the petition before the tribunal.

In addition, Mr Ume submitted that as of when the petition was filed on February 20, 2020, or thereabout, the petitioner’s erstwhile political party (LM) has long ceased to exist as a political party as it has been de-registered by the Independent National Electoral Commission (INEC) since February 6, 2020.

Mr Umeh noted that it was for these reasons that the petitioner failed to join the political party that sponsored him in his petition contrary to section 177(1)(C) of the 1999 constitution.

Ume submitted that situating the legal position of the petitioner to his own petition, his political party cannot reap from the judgment of the Federal High Court in suit No: FHC/ABJ/ CS/ 444/2019 between Advanced Congress of Democrats (ACD)& 32 Ors Vs AGF and Anor, since it was not a party to the suit.

fergie001:
Kai.....see technicality.....Now no other party can challenge this.
This is how another forger escapes.
The case is dead. You cannot file without a political party which is the only vehicle to challenge or contest electoral positions.

I no like am, but Congrats Diri.



Did you read this ?
Mr Ume, who argued that the petition is incompetent, added that the petitioner lacked the locus standi to solely contest the outcome of the election without joining the political platform (LM) that sponsored him to participate in the election.

On this ground, the senior lawyer referred the tribunal to section 137(1)(b) of the Electoral Act to emphasise that LM, being the party that sponsored the petitioner in the November election, is a necessary party for the purpose of determining the petition before the tribunal.

In addition, Mr Ume submitted that as of when the petition was filed on February 20, 2020, or thereabout, the petitioner’s erstwhile political party (LM) has long ceased to exist as a political party as it has been de-registered by the Independent National Electoral Commission (INEC) since February 6, 2020.

Mr Umeh noted that it was for these reasons that the petitioner failed to join the political party that sponsored him in his petition contrary to section 177(1)(C) of the 1999 constitution.

Ume submitted that situating the legal position of the petitioner to his own petition, his political party cannot reap from the judgment of the Federal High Court in suit No: FHC/ABJ/ CS/ 444/2019 between Advanced Congress of Democrats (ACD)& 32 Ors Vs AGF and Anor, since it was not a party to the suit.

I read everything. The lawyer is interpreting the law narrowly.it is a settled fact that a petition can be filed by a candidate,a party or both.
It is another settled fact that inec cannot deregister a party according to the court.even if it can,it cannot be retroactive.

7.1 By virtue of See Section 137(1) of the Electoral Act, 2010, an election petition may be presented by one or more of the following:
a. A candidate in an election;
b. A political party in an election.

senatordave1:


I read everything. The lawyer is interpreting the law narrowly.it is a settled fact that a petition can be filed by a candidate,a party or both.
It is another settled fact that inec cannot deregister a party according to the court.even if it can,it cannot be retroactive.

If you were neutral and unbiased, I may have agreed with this.

kelvinginzie:


If you were neutral and unbiased, I may have agreed with this.

My neutrality has nothing to do with you agreeing or not.it is the law,why not go and confirm yourself? The deputy governor committed forgery and has to go

senatordave1:


I read everything. The lawyer is interpreting the law narrowly.it is a settled fact that a petition can be filed by a candidate,a party or both.
It is another settled fact that inec cannot deregister a party according to the court.even if it can,it cannot be retroactive.

7.1 By virtue of See Section 137(1) of the Electoral Act, 2010, an election petition may be presented by one or more of the following:
a. A candidate in an election;
b. A political party in an election.

Have you seen where a petitioner in an election tribunal files a petition without a political party?
I haven't unless it is an intra-party matter.

What is retroactive?
Inec deregistered the party on the 6th of Feb....Diri was declared winner on the 13th of Feb.....LM filed their petition on the 20th of Feb.

Yes, a candidate may bring a matter upon the tribunal under a platform. The case is dead the moment that platform is non-living. .

fergie001:

Have you seen where a petitioner in an election tribunal files a petition without a political party?

What is retroactive?
Inec deregistered the party on the 6th of Feb....Diri was declared winner on the 13th of Feb.....LM filed their petition on the 20th of Feb

Please,i dislike legal arguments without backing it with legal provisions.I expected you to rebute me with another law,instead you are bringing unlawful logic.that it has never been done does not render it illegal.there is a first time for everything.

Secondly,on the 17 th of Feb,justice chikere barred inec from deregistering any party.mind you in 2015,justice iyisoba of the appeal court ruled that inec has no power to deregister any party.based on these,I rule you and pdp out of order

senatordave1:
The deputy's prayers are watery.the tribunal will easily strike them out

You just prove say u no sabi election matter

senatordave1:


Please,i dislike legal arguments without backing it with legal provisions.I expected you to rebute me with another law,instead you are bringing unlawful logic.that it has never been done does not render it illegal.there is a first time for everything.

Secondly,on the 17 th of Feb,justice chikere barred inec from deregistering any party.mind you in 2015,justice iyisoba of the appeal court ruled that inec has no power to deregister any party.based on these,I rule you and pdp out of order

I know you always want me to say what you want to hear.....Have you done your research to know if LM was a party to that suit?

Parties who got the victory on the 17th of Feb
Advanced Congress of Democrats (ACD)
Advanced Nigeria Democratic Party (ANDP)
All Blending Party (ABP)
All Grand Alliance Party(AGAP)
Better Nigeria Progressive Party (BNPP)
Democratic People’s Congress (DPC)
Freedom and Justice Party (FJP)
Green Party of Nigeria (GPN)
Labour Party (LP)
Mega Party of Nigeria (MPN)
National Interest party (NIP)
Nigeria Democratic Congress Party (NDCP)
People’s Party of Nigeria (PPN)
People for Democratic Change (PDC)
PEOPLES COALITION PARTY (PCP)
Progressive Peoples Alliance (PPA)
Re-Build Nigeria Party (RBNP)
Restoration Party of Nigeria (RP)
United Democratic Party (UDP)
United Patriots (UP)
We The People Nigeria (WTPN)
Young Democratic Party (YDP)
Save Nigeria Congress (SNC)
Change Advocacy Party (CAP)
Socialist party of Nigeria (SPN)
African Democractic Congress (ADC)
All Grassroots Alliance (AGA)
Alliance of Social Democrats (ASD)
Democratic Alternative (DA)
New Generation Party of Nigeria (NGP)
Mass Action Joint Alliance (MAJA)
Nigeria for Democracy (NFD)
Masses Movement of Nigeria (MMN)

The Court is no father-christmas (in your words)

Why do you think the petitioner is now trying to add LM as a party to this case? Why?

I won't argue again....

AAA593:

You just prove say u no sabi election matter

Leave him alone.

A candidate with no party will win a tribunal case....I don't understand.

senatordave1:

My neutrality has nothing to do with you agreeing or not.it is the law,why not go and confirm yourself? The deputy governor committed forgery and has to go

I wonder how you came up with this that he committed forgery. Have they tried the case? Nawa o

fergie001:

I know you always want me to say what you want to hear.....Have you done your research to know if LM was a party to that suit?


The Court is no father-christmas (in your words)

Why do you think the petitioner is now trying to add LM as a party to this case? Why?

I won't argue again....

Inec was specifically stopped from deregistering any party.some parties joined the suit to cover the rest.moreover,the appeal court ruling of 2015 subsists until set aside.

It is good that he has applied for his party to join and this is purely at the discretion of the tribunal.

AAA593:

You just prove say u no sabi election matter

Like in IMO,as uzodinma won,so shall diri lose

senatordave1:

Inec was specifically stopped from deregistering any party. Some parties joined the suit to cover the rest.

Very wrong.....The Court specifically said the "33 political parties in this suit".....Go back again and read it....

Let me also remind you this case has been on since last year. What the Court is saying is show cause why they should be deregistered, whilst the case is ongoing.

There was a mandatory injunction by these same 33 in October last year, LM was no party to it.
The AGF didn't reply, hence Justice Chikere vide an interlocutory injunction said.....these 33 political parties (specific, go back to that judgement) should be allowed pending the determination of the suit.

Of the 33, LP and ADC survived the deregistration but are going on with the primary case.

moreover,the appeal court ruling of 2015 subsists until set aside.

Now, you are muddling the whole thing up.
INEC had deregistered NCP on the premise of 78(7)II of the Electoral Act 2010 in 2015.
Iyisoba made the following pronouncement in July 2015.

The Appeal judgment today on “NCP CA/L/414/13 BTW: NAT. CONSCIENCE PARTY, NCP & ANOR & NATIONAL ASSEMBLY OF THE FED REP OF NIG & ORS” declares INEC’s use of the Electoral Act for de-registration of parties unconstitutional, null and void.

PS:There was ambiguity in Section 225, that was why INEC didn't use it
I reproduce Section 78(7) supra, INEC used in this case:
The Commission shall have power to deregister political parties on the following grounds:-
-breach of any of the requirements for registration and
-for failure to win a seat in the National or State Assembly Elections

IN A NUTSHELL....YOU CANNOT DEREGISTER A POLITICAL PARTY FOR NOT WINNING ELECTIONS!
She was right at the time.

However, the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration, No 9) Act, 2017 enacted on May 4, 2017 (Signed by President Buhari) has amended section 225 of the 1999 Constitution to empower the Independent National Electoral Commission to de-register political parties on grounds of:

a. breach of any of the requirements for registration;

b. failure to win at least twenty-five percent of votes cast in-

i. one State of the Federation in a Presidential election; or

ii. one Local Government of the State in a Governorship election;

c. failure to win at least-

i. one ward in the Chairmanship election;

ii. one seat in the National or State House of Assembly election; or

iii. one seat in the Councillorship election.”

Whilst Iyisoba made that pronouncement in 2015....The Constitution as altered in 2017 remains SACROSANCT.

It is good that he has applied for his party to join and this is purely at the discretion of the tribunal.

Also wrong, applying for his party to join past 21 days is null.
Another schoolboy error, like the one in Bayelsa.

Also re-applying using a dead party is made worse.

fergie001:



Very wrong.....The Court specifically said the "33 political parties in this suit".....Go back again and read it....

Let me also remind you this case has been on since last year. What the Court is saying is show cause why they should be deregistered, whilst the case is ongoing.

There was a mandatory injunction by these same 33 in October last year, LM was no party to it.
The AGF didn't reply, hence Justice Chikere vide an interlocutory injunction said.....these 33 political parties (specific, go back to that judgement) should be allowed pending the determination of the suit.

Of the 33, LP and ADC survived the deregistration but are going on with the primary case.


Now, you are muddling the whole thing up.
INEC had deregistered NCP on the premise of 78(7)II of the Electoral Act 2010 in 2015.
Iyisoba made the following pronouncement in July 2015.

The Appeal judgment today on “NCP CA/L/414/13 BTW: NAT. CONSCIENCE PARTY, NCP & ANOR & NATIONAL ASSEMBLY OF THE FED REP OF NIG & ORS” declares INEC’s use of the Electoral Act for de-registration of parties unconstitutional, null and void.

PS:There was ambiguity in Section 225, that was why INEC didn't use it
I reproduce Section 78(7) supra, INEC used in this case:
The Commission shall have power to deregister political parties on the following grounds:-
-breach of any of the requirements for registration and
-for failure to win a seat in the National or State Assembly Elections

IN A NUTSHELL....YOU CANNOT DEREGISTER A POLITICAL PARTY FOR NOT WINNING ELECTIONS!
She was right at the time.

However, the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration, No 9) Act, 2017 enacted on May 4, 2017 (Signed by President Buhari) has amended section 225 of the 1999 Constitution to empower the Independent National Electoral Commission to de-register political parties on grounds of:

a. breach of any of the requirements for registration;

b. failure to win at least twenty-five percent of votes cast in-

i. one State of the Federation in a Presidential election; or

ii. one Local Government of the State in a Governorship election;

c. failure to win at least-

i. one ward in the Chairmanship election;

ii. one seat in the National or State House of Assembly election; or

iii. one seat in the Councillorship election.”

Whilst Iyisoba made that pronouncement in 2015....The Constitution as altered in 2017 remains SACROSANCT.


Also wrong, applying for his party to join past 21 days is null.
Another schoolboy error, like the one in Bayelsa.

Also re-applying using a dead party is made worse.

Sorry sir,this is pure legal hypocrisy.you are quoting the law when it suits you but rejects mine which doesn't suit you.section 137 of the electoral will subsist until the supreme court sets it aside therefore a candidate can on his own file a suit.....

Even though inec might have the powers to deregister parties and the court referred to 33 parties,inec for now has dropped the issue of deregistration until the substantive case has been decided. Therefore,LM remains a party till the court delivers judgment.diri must go....

Let me add that registration or reregistration of a party is not a ground for filing an election petition...

senatordave1:

Sorry sir,this is pure legal hypocrisy.you are quoting the law when it suits you but rejects mine which doesn't suit you.section 137 of the electoral will subsist until the supreme court sets it aside therefore a candidate can on his own file a suit.....

Hahahahahahah.....Here you go emotional again.....but you specifically said up there

senatordave1:
Please,i dislike legal arguments without backing it with legal provisions.I expected you to rebute me with another law,instead you are bringing unlawful logic.

You said this above....

Anyways, I didn't reject yours....anybody who indeed read what I wrote there should understand it....I know you didn't read it sha

Iyisoba's judgement was in 2015 before the Alteration.
You can as well ask Segun Abraham to continue his case against Akeredolu when the pre-election alteration was passed into law.

No stupid lawyer will challenge that.
Which is Supreme....Constitution or Electoral Act?

Even though inec might have the powers to deregister parties and the court referred to 33 parties, Inec for now has dropped the issue of deregistration until the substantive case has been decided. Therefore,LM remains a party till the court delivers judgment.diri must go....

Is the bolded not contradictory or paradoxical to say the least...

Where did you hear that Inec has dropped the issues?
Stop nah.....

INEC disqualified 74 political parties....The interested 33 took it to court, and are still battling it. The matter is still been heard in reference to the 1999 Constitution.

LM not been amongst the 33 is a deregistered party, and that was why he didn't include them as a party to the suit.

Let me add that registration or reregistration of a party is not a ground for filing an election petition...

I will ask you two questions...I know you won't answer....

QUESTION 1
Can you file a petition in an elections tribunal if you weren't a candidate for that election?

QUESTION 2
Can you participate in an elections or elections tribunal if you have no political party?

kahal29, ChristianNorth, ejimatic, agborotiejoye....help us here

fergie001:
kahal29, ChristianNorth, ejimatic, agborotiejoye....help us here

Bro please leave senatoedave1. That man is yet to recover from Lyon's sack. Bayelsa will continue with diri who is already showing signs that he'll work.

senatordave1:


Sorry sir,this is pure legal hypocrisy.you are quoting the law when it suits you but rejects mine which doesn't suit you.section 137 of the electoral will subsist until the supreme court sets it aside therefore a candidate can on his own file a suit.....

Even though inec might have the powers to deregister parties and the court referred to 33 parties,inec for now has dropped the issue of deregistration until the substantive case has been decided. Therefore,LM remains a party till the court delivers judgment.diri must go....

Let me add that registration or reregistration of a party is not a ground for filing an election petition...

What about the issue of Statute barred? Can the tribunal resurrect a dead action? The Constitution says the suit must be filed within 21 days.

fergie001:



Hahahahahahah.....Here you go emotional again.....but you specifically said up there


You said this above....

Anyways, I didn't reject yours....anybody who indeed read what I wrote there should understand it....I know you didn't read it sha

Iyisoba's judgement was in 2015 before the Alteration.
You can as well ask Segun Abraham to continue his case against Akeredolu when the pre-election alteration was passed into law.

No stupid lawyer will challenge that.
Which is Supreme....Constitution or Electoral Act?


Is the bolded not contradictory or paradoxical to say the least...

Where did you hear that Inec has dropped the issues?
Stop nah.....

INEC disqualified 74 political parties....The interested 33 took it to court, and are still battling it. The matter is still been heard in reference to the 1999 Constitution.

LM not been amongst the 33 is a deregistered party, and that was why he didn't include them as a party to the suit.


I will ask you two questions...I know you won't answer....

QUESTION 1
Can you file a petition in an elections tribunal if you weren't a candidate for that election?

QUESTION 2
Can you participate in an elections or elections tribunal if you have no political party?

LM is not deregistered until the matter is dispensed off. When ncp when to court in 2015,it was not affected but the judgment affected every party.post any evidence suggesting that inec has gone ahead with any deregistration..
Like I said,the election tribunal has no jurisdiction here just like in atiku citizenship matter...

Your questions are invalid until the supreme court sets aside section 137

DamiBukola111:


What about the issue of Statute barred? Can the tribunal resurrect a dead action? The Constitution says the suit must be filed within 21 days.

He filed within 21 days.

senatordave1:


LM is not deregistered until the matter is dispensed off. When ncp when to court in 2015,it was not affected but the judgment affected every party.post any evidence suggesting that inec has gone ahead with any deregistration..
Like I said,the election tribunal has no jurisdiction here just like in atiku citizenship matter...

Your questions are invalid until the supreme court sets aside section 137

The injunction covers 33 Political Parties...LM can file theirs now.
The judgement doesn't affect every party. Please post the link.

You still didn't answer any of my 2 Questions...

Ejimatic,I'll love you and duwdu to break the tie

fergie001:

You still didn't answer any of my 2 Questions...

The presence of section 137 has taken care of your questions.

senatordave1:
SHARES


Godwin Tsa, Abuja

The Deputy Governor of Bayelsa State, Mr Lawrence Ewhrudjakpo, has asked the state governorship tribunal sitting in Abuja to dismiss the petition filed against him by the governorship candidate of Liberation Movement (LM), Vijah Opuama, saying the suit is incompetent.

The petitioner has alleged that Mr Ewhrudjakpo submitted forged documents containing false information to the Independent National Electoral Commission (INEC) for the 16 November 2019 governorship election in Bayelsa State.



The petitioner is praying the tribunal to disqualify the Governor, Duoye Diri, his Deputy Ewhirudjakpo and their political party – the People’s Democratic Party (PDP) – and to order a fresh election without the disqualified PDP.

But picking holes in the petition, the deputy governor in his preliminary objection filed by his counsel, Mr Chukwuma-Machukwu Ume, SAN, urged the tribunal to dismiss and or strike out the petition for being incompetent.

In the preliminary objection brought pursuant to section 6 (6) of the 1999 constitution, section 145(1) of the Electoral Act, 2010 and other relevant laws, Mr Ewhrudjakpo contended that the petition is statute-barred having been filed outside the mandatory statutory period of 21 days.



Mr Ume, who argued that the petition is incompetent, added that the petitioner lacked the locus standi to solely contest the outcome of the election without joining the political platform (LM) that sponsored him to participate in the election.

On this ground, the senior lawyer referred the tribunal to section 137(1)(b) of the Electoral Act to emphasise that LM, being the party that sponsored the petitioner in the November election, is a necessary party for the purpose of determining the petition before the tribunal.

In addition, Mr Ume submitted that as of when the petition was filed on February 20, 2020, or thereabout, the petitioner’s erstwhile political party (LM) has long ceased to exist as a political party as it has been de-registered by the Independent National Electoral Commission (INEC) since February 6, 2020.

Mr Umeh noted that it was for these reasons that the petitioner failed to join the political party that sponsored him in his petition contrary to section 177(1)(C) of the 1999 constitution.

Ume submitted that situating the legal position of the petitioner to his own petition, his political party cannot reap from the judgment of the Federal High Court in suit No: FHC/ABJ/ CS/ 444/2019 between Advanced Congress of Democrats (ACD)& 32 Ors Vs AGF and Anor, since it was not a party to the suit.

It is also the position of the deputy governor that it was too late in the day for the petitioner to now file a motion seeking to join his political party (LM) as a party to the petition since his preliminary objection contesting the competence of the petition has since been taken and issues already joined by parties.

https://www.google.com/url?q=https://www.sunnewsonline.com/bayelsa-guber-deputy-gov-asks-tribunal-to-dismiss-petition-against-him/&sa=U&ved=2ahUKEwiFs8TjnNbpAhWL3oUKHeD2CKEQFjABegQICRAB&usg=AOvVaw27OO6D_05KmVdPd_ysnIPk

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. The petitioner is not challenging the results of the election and neither did he pray that he should be declared the winner.He is challenging the purported forgery of the deputy governor.Section 137 does not apply here.Any of the contestants in the election can bring up the case as a post election matter even in a federal high court.This case is not status bared neither does it require inclusion of the petitioner's party.The petitioner's inclusion of PDP, both the governor and the deputy,. and INEC in the suit as respondents makes it strong for they are stakeholders.Thus the case has merit in terms of time and suitability of the petitioner.