muykem:
I disagree with this dissenting judgement. The letter written by INEC had no locus standing if the party fulfilled all constitutional requirements so they didn't need to challenge the case at high court. Secondly the question here is who has power to disqualify or pronounce a candidate illegible. INEC or court, this case has been settled even recently in Kogi election. Court is the only one with power to do so even in David Lyon case in the same election.

Brilliant. This has settled it.

Cc Engineerboat

Appeal Court dismisses suits seeking to nullify Bayelsa, Kogi gov elections
Published

‌
Ihuoma Chiedozie, Abuja


The Court of Appeal in Abuja has dismissed the case brought by the Action Peoples Party challenging the propriety of the last governorship elections held in Bayelsa and Kogi states.

The court dismissed the case shortly before hearing the applications by interested parties, who sought to be made parties in the case.

The parties who sought to be joined include the Bayelsa State Governor, Douye Diri; his deputy, Lawrence Ewhrudjakpo; their party, the Peoples Democratic Party; the Kogi State Governor, Yahaya Bello and his party, the All Progressives Congress.


The applicants, who sought to be made parties in the appeal by the APP are the current beneficiaries of the elections, who would have been affected by the outcome of the case.

The APP had dragged the Independent National Electoral Commission before the Federal High Court, Abuja, querying the exclusion of its candidates.

In the suit marked: FHC/ABJ/CS/1163/2019, the party claimed that INEC prevented it from replacing its candidates earlier disqualified by the electoral umpire.


It particularly prayed the court to among others, declare that any subsequent conduct of the 2019 Kogi and Bayelsa states’ governorship election without the replaced candidates of the plaintiff, is null and void by reason of such exclusion.

The Abuja FHC gave its judgment against the APP, and proceeded to uphold the decision by INEC to reject the candidates’ replacement list submitted to it by the party on the grounds that the list was brought outside the stipulated time.


Justice Ijeoma Ojukwu, in the judgment delivered on February 21, 2020, maintained that INEC was right to have excluded candidates of the party (APP) from participating in the governorship election in Kogi and Bayelsa states in 2019.

Ojukwu was of the view that the APP replaced its withdrawn candidates outside the statutory period of 45 days to the date of the 2019 Kogi and Bayelsa states’ governorship election.

Disputing the Abuja FHC ruling, the APP appealed to the Court of Appeal, Abuja.


The appeal was however dismissed in a ruling by a three-member panel led by the Acting President of the court, Justice Monica Dongban-Mensem.


The court had scheduled hearing for Thursday on all pending applications and the substantive appeal.

Shortly after the appeal was called and lawyers to parties announced their appearances, the appellant’s lawyer, Obed Agwu, announced his intention to withdraw the appeal.

Agwu said, “The appellant is desirous to withdraw the appeal against the respondent.


“We have filed a notice of withdrawal of the appeal, in accordance with Order 11, Rule 1 of Court of Appeal Rules, 2016.

“The said notice of withdrawal is dated and filed on April 14, 2020.”

Counsel to INEC, Alhassan Umar, SAN, said he was served with the said notice of withdrawal in the court, adding that his client ‎will be asking for a cost of N3m.

Justice Dongban-Mensem relied on Order 11 Rule 5 of the Court of Appeal Rules to dismiss the appeal.

However, Dongban-Mensem rejected the respondents’ prayer for cost against the appellant.

https://www.google.com/amp/s/punchng.com/appeal-court-dismisses-suits-seeking-to-nullify-bayelsa-kogi-gov-elections/%3famp=1

truthstands01:

Meaning parties will do new primaries? If APC will be involved, will they still fill the same deputy that disqualified them?

they won't.

Uchedeformula:
.....perhaps, you will have to personally open the INEC window and personally handle the substitution of the APC deputy governorship candidate. Well, if higher courts uphold the majority judgement, APC will have to support another political party's candidate who will eventually decamp to APC if he/she wins - just like the 2019 scenario in Rivers State gubernatorial election.

if there is no substitution how did inec intend to Add Andp party to the fresh Election?

waziri4biz:

The lower court cannot make APC qualified for an election when the apex court has already disqualified them

supreme court ruled on pre-election matter doesnt stop tribunal from sitting.
This Tribunal judgment is post Election. I think you should educate yourself in difference between pre- and post Election matters.

LawyerEmilord:
This is not true.

So how will inec add andp to the fresh Election without starting all over again?

derbykol:
No,PDP has the legal backing to appeal too.

the case is between Andp and inec.

ORIENTATION101:
the case is between Andp and inec.

Evening school lawyer the Governor has already appealed

kcnwaigbo:

Evening school lawyer the Governor has already appealed

playing to the Gallery.

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 cannot take part in the election, that's if Gov Diri fails to appeal... Those 2 judges just want to cash out , that judgement will not stand.

Enwhen:



APC cannot take part in the election, that's if Gov Diri fails to appeal... Those 2 judges just want to cash out , that judgement will not stand.

the court ruled the election void an initio meaning the election never existed .
Inec can't stop APC from participating because they election they were disqualified never existed before the law.

It is now left to you to prove to inec chairman that the already void an intio existed before the law

ORIENTATION101:
the court ruled the election void an initio meaning the election never existed .
Inec can't stop APC from participating because they election they were disqualified never existed before the law.

It is now left to you to prove to inec chairman that the already void an intio existed before the law

So they will be qualified for fresh election by selecting new deputy? APC cannot produce candidate for bayelsa governorship election till 2023. You're making me laugh

AAA593:

So they will be qualified for fresh election by selecting new deputy? APC cannot produce candidate for bayelsa governorship election till 2023. You're making me laugh

so how will inec add andp to the election if they won't open window for substitution of candidate

fergie001:

The candidate didn't refuse to be substituted.
INEC intimated them in writing that this young man doesn't meet the requirements.
They did substitute but it was past the 45 days as required.
INEC laid no ambush for the party. It is the party who is trying to ambush the situation.
Justice Ojukwu has set the pace.


http://saharareporters.com/2020/08/17/andp-presented-ineligible-candidate-during-2019-bayelsa-governorship-election-%E2%80%93inec
THIS WILL HELP

Where is it in the electoral act or constitution that INEC has the right to disqualify a candidate ?.Duty of INEC is to conduct elections while a court of law has the right to disqualify candidates. SC precedences are many on this matter.INEC should have taken their substitution and leave the rest for court to handle..As it is now,Diri has no appeal because he is not involved in the case.It is only INEC that can appeal the majority judgement while ANDP will appeal the minority judgement.

ORIENTATION101:
so how will inec add andp to the election if they won't open window for substitution of candidate

E no concern APC

AAA593:

E no concern APC

answer my question

Or shut up forever and admit your ignorance of the not knowing difference between rerun and fresh Election

APC trying to come in through the back down, even if another election will hold APC will not participate because the supreme court has already disqualified Thier candidate because of his deputy.

ORIENTATION101:
answer my question

Or shut up forever and admit your ignorance of the not knowing difference between rerun and fresh Election

You're not making sense at all and your level of ignorance in this matter is legendary

ejimatic:
Where is it in the electoral act or constitution that INEC has the right to disqualify a candidate ?.Duty of INEC is to conduct elections while a court of law has the right to disqualify candidates. SC precedences are many on this matter.INEC should have taken their substitution and leave the rest for court to handle..As it is now,Diri has no appeal because he is not involved in the case.It is only INEC that can appeal the majority judgement while ANDP will appeal the minority judgement.

Ejimatic....I am saying it again..it is either you have not really gone through the issue or you are partisan (the bolded says a lot).
www.nairaland.com/attachments/12149471_11777495532600072173994845121115115011007985n_webp9609b72a91f4f410788f36cb408ff2ed

Kingjames28:
APC trying to come in through the back down, even if another election will hold APC will not participate because the supreme court has already disqualified Thier candidate because of his deputy.

And Orientation101 is here deceiving people

AAA593:

And Orientation101 is here deceiving people

you re the one decieving your self.

Bayelsa 2019 election never existed according to court ruling yesterday .the election is now " void ab initio"

AAA593:

You're not making sense at all and your level of ignorance in this matter is legendary

you re the one to borrow yourself sense.

What is the meaning of the word void ab initio?

ORIENTATION101:
you re the one decieving your self.

Bayelsa 2019 election never existed according to court ruling yesterday .the election is now " void ab initio"

I'm wasting my time

ORIENTATION101:
you re the one to borrow yourself sense.

What is the meaning of the word void ab initio?

I see you're insulting yourself

fergie001:

I don't think you have brought yourself up to speed on this issue.
www.nairaland.com/attachments/12149471_11777495532600072173994845121115115011007985n_webp9609b72a91f4f410788f36cb408ff2ed

. Thank for showing me that PDP and Diri are also respondents.

AAA593:

I see you're insulting yourself

AAA593, Orientation101...Did the two of you come here to educate yourselves or wrestle?

STOP IT

fergie001:

AAA593, Orientation101...Did the two of you come here to educate yourselves or wrestle?

STOP IT

He started insulting me o. Please check our posts

AAA593:

He started insulting me o. Please check our posts

Please, Just let it go.

AAA593:

I'm wasting my time

You are.the judgment won't be overturned

ORIENTATION101:
supreme court ruled on pre-election matter doesnt stop tribunal from sitting.
This Tribunal judgment is post Election. I think you should educate yourself in difference between pre- and post Election matters.

The case was a pre election matter young man...

waziri4biz:

The case was a pre election matter young man...

which case

The judgment itself is a bull crap if you ask me,the minority judgment us sound