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Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees - Politics - Nairaland

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Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by iwaeda: 3:17pm On Aug 17, 2020
Bayelsa tribunal Chairman affirms Gov Diri’s election, disagrees with majority judgement

Chairman of the Bayelsa State Governorship Election Petition Tribunal, Justice Ibrahim Sirajo, has distanced himself from majority judgement of the tribunal that nullified the election of Governor Duoye Diri.

Justice Sirajo, who delivered a dissenting judgement shortly after two other Justices on the three-member panel tribunal ordered the Independent National Electoral Commission, INEC, to within 90 days, conduct a fresh poll in Bayelsa State, affirmed governor Diri’s election.

The two other members of the panel, Justices Owei Woniwei and Yunusa Musa had in their decisions, voided the outcome of the election that held in the state on The Judge stressed that since the disqualified candidate did not meet the constitutional requirement, he was therefore not a valid candidate that could claim right of exclusion.

ANDP had in a petition it lodged before the tribunal, contended that it was unlawfully excluded from participating in the election by the Independent National Electoral Commission, INEC, despite the fact that it fulfilled all the statutory requirements.

Justices Owei Woniwei and Yunusa Musa, in their majority judgement, agreed that INEC illegally excluded ANDP and its governorship candidate, King George, from the election.

However, disagreeing with the verdict, the tribunal Chairman, Justice Sirajo, said there was evidence that ANDP was disqualified from the election for fielding an ineligible candidate.

He noted that the party nominated an underaged deputy governorship candidate, who admitted that he was 34 years old, instead of the 35 years age bracket the Constitution stipulated.

Justice Sirajo said there was evidence that the party failed to substitute the candidate till the statutory window for such substitution elapsed.

He noted that Exhibit P8 before the tribunal was a letter that INEC wrote to the party on September 21, 2019, wherein it notified ANDP that the period for substitution of candidates had expired.

According to the Justice Sirajo, what the petitioners brought before the tribunal was a pre-election case since INEC’s decision that disqualified its candidates occurred before the actual election held on November 16, 2019.

He held that under section 285(9) of the 1999 Constitution, as amended, the party, ought to have within 14 days after it got the notification from INEC, gone to a Federal High Court to challenge it.

The tribunal chairman held that failure of the party to do so made its petition against governor Diri’s election, statute-barred.

Besides, Justice Sirajo held that section 138(1) (d) of the Electoral Act provided grounds upon which an election could be challenged at the tribunal, vis-a-vis section 285(14) of the Constitution which defined disqualification of the candidate by INEC as a pre-election matter.

He held that since the Constitution is superior to the Electoral Act, it takes preeminence.

He held that the disqualification of ANDP by INEC was not unconstitutional because it nominated an underaged candidate.

The Judge stressed that since the disqualified candidate did not meet the constitutional requirement, he was therefore not a valid candidate that could claim right of exclusion.

He held that a political party must have a valid nomination before the issue of exclusion could arise.

Consequently, Justice Sirajo dismissed the petition as lacking in merit, even as he upheld the election of governor Diri of the Peoples Democratic Party, PDP.

https://www.vanguardngr.com/2020/08/breaking-bayelsa-tribunal-chairman-affirms-gov-diris-election-disagrees-with-majority-judgement/amp/

14 Likes 1 Share

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by vicdom(m): 3:25pm On Aug 17, 2020
I'm hundred percent certain that the judgement will be overturned by the appellate court.

95 Likes 8 Shares

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by cpu2006(m): 3:32pm On Aug 17, 2020
Take it or leave it, Diri will spend 8yrs in Office as a Governor of Bayelsa.

167 Likes 8 Shares

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by ORIENTATION101: 3:36pm On Aug 17, 2020
His opinion , since majority on the bench have voted in favour of new election.

50 Likes 11 Shares

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by kahal29: 3:38pm On Aug 17, 2020
Minority opinion

25 Likes 5 Shares

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by JAMO84: 3:42pm On Aug 17, 2020
Two head is better than one. Justice Suraju should go and sit down, PDP is dead in Bayelsa

39 Likes 16 Shares

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by fergie001: 3:44pm On Aug 17, 2020
ejimatic AAA593

iwaeda....please arrange it properly..so that it will proceed up.

2 Likes

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by AAA593: 3:47pm On Aug 17, 2020
fergie001:
ejimatic AAA593
I said it
Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by fergie001: 3:49pm On Aug 17, 2020
AAA593:

I said it
Justice Sirajo opined that it was a pre-election matter and should have been handled by a Regular Court and outside of the jurisdiction of the tribunal.

Again, the Constitution is superior to the Electoral Act.

9 Likes 2 Shares

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by HIGHESTPOPORI(m): 3:49pm On Aug 17, 2020
JAMO84:
Two head is better than one. Justice Suraju should go and sit down, PDP is dead in Bayelsa
Even if the two heads are not correct?Thats why there is appeal and Supreme Court to correct the anomaly

55 Likes 1 Share

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by iwaeda: 3:50pm On Aug 17, 2020
JAMO84:
Two head is better than one. Justice Suraju should go and sit down, PDP is dead in Bayelsa

What was Supreme court judgement?

4 Likes

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by AAA593: 3:51pm On Aug 17, 2020
fergie001:

Justice Sirajo opined that it was a pre-election matter and should have been handled by a Regular Court and outside of the jurisdiction of the tribunal.

Again, the Constitution is superior to the Electoral Act.
Meaning what sir

1 Like

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by fergie001: 4:00pm On Aug 17, 2020
AAA593:

Meaning what sir
Meaning it is a pre-election matter and election petitions tribunal do not hear pre-election cases.
Only a regular court like the Federal High Court can have the exclusive rights of original jurisdiction.

The only caveat is the "qualification or nomination" (certificate etc) of the candidate been challenged.

Just like the case filed by Diri against Lyon....

10 Likes

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by AAA593: 4:01pm On Aug 17, 2020
fergie001:

Meaning it is a pre-election matter and election petitions tribunal do not hear pre-election cases.
Only a regular court like the Federal High Court can have the exclusive rights of original jurisdiction.

The only caveat is the "qualification or nomination" (certificate etc) of the candidate been challenged.
The tribunal judgment will not stand

20 Likes 1 Share

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by fergie001: 4:04pm On Aug 17, 2020
AAA593:

The tribunal judgment will not stand
That's all...especially as the said Deputy even affirmed before the tribunal that he wasn't up to the required age-limit.

14 Likes 1 Share

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by ORIENTATION101: 4:04pm On Aug 17, 2020
AAA593:

The tribunal judgment will not stand
two can play the game.
If inec doesnt appeal , fresh Election will be conducted.

As it stands PDP , APC should go and prepare for. Fresh Election, cos inec will not appeal

18 Likes 1 Share

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by AAA593: 4:05pm On Aug 17, 2020
ORIENTATION101:
two can play the game.
If inec doesnt appeal , fresh Election will be conducted.

As it stands PDP , APC should go and prepare for. Fresh Election, cos inec will not appeal
APC no dey

20 Likes 3 Shares

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by AAA593: 4:05pm On Aug 17, 2020
fergie001:

That's all...especially as the said Deputy even affirmed before the tribunal that he wasn't up to the required age-limit.
Are you serious?
Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by fergie001: 4:06pm On Aug 17, 2020
AAA593:

Are you serious?
Its all there in the write-up.

He noted that the party nominated an underaged deputy governorship candidate, who admitted that he was 34 years old, instead of the 35 years age bracket the Constitution stipulated.

6 Likes 1 Share

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by ORIENTATION101: 4:07pm On Aug 17, 2020
AAA593:

APC no dey
court didnt order re-run.

9 Likes

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by Nobody: 4:07pm On Aug 17, 2020
Which one should we believe now
Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by AAA593: 4:08pm On Aug 17, 2020
ORIENTATION101:
court didnt order re-run.
Before last election was APC qualified?

15 Likes 1 Share

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by fergie001: 4:08pm On Aug 17, 2020
Abouwaza:
Which one should we believe now
That of majority will stand until appeal..but it is already standing on one leg.

1 Like 1 Share

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by ORIENTATION101: 4:10pm On Aug 17, 2020
AAA593:

Before last election was APC qualified?
yes thats why they won the election.

The court can only stop APC from participating if it was rerun that was ordered.

13 Likes

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by slivertongue: 4:10pm On Aug 17, 2020
its normal

3 Likes

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by AAA593: 4:11pm On Aug 17, 2020
ORIENTATION101:
yes thats why they won the election.

The court can only stop APC from participating if it was rerun that was ordered.
Stop deceiving yourself

18 Likes 1 Share

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by slivertongue: 4:13pm On Aug 17, 2020
"According to the Justice Sirajo, what the petitioners brought before the tribunal was a pre-election case since INEC’s decision that disqualified its candidates occurred before the actual election held on November 16, 2019"

5 Likes

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by ORIENTATION101: 4:14pm On Aug 17, 2020
AAA593:

Stop deceiving yourself

There is difference between

Re-run( continuation of existing Election)

Fresh Election ( all political parties start allover again)

9 Likes

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by AAA593: 4:16pm On Aug 17, 2020
ORIENTATION101:

There is difference between

Re-run( continuation of existing Election)

Fresh Election ( all political parties start allover again)
Including the disqualified party? I laugh

7 Likes 1 Share

Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by iwaeda: 4:16pm On Aug 17, 2020
fergie001:
ejimatic AAA593
iwaeda....please arrange it properly..so that it will proceed up.
How?
Lalasticlala can help me
Re: Bayelsa Tribunal Chairman Affirms Governor Diri’s Election, Disagrees by realstars: 4:21pm On Aug 17, 2020
This Is Nigeria, A P C Should Be Ashame.

1 Like 1 Share

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