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Nairaland Forum / Nairaland / General / Politics / Bayelsa: Diri Files Appeal Against Sacking By Tribunal (933 Views)
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Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 8:48pm On Aug 18, 2020 |
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 |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by quickberry(m): 8:55pm On Aug 18, 2020 |
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. 1 Like |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by Turningmoon(f): 8:59pm On Aug 18, 2020 |
Ok |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by kcnwaigbo: 9:00pm On Aug 18, 2020 |
quickberry: Did the ANDP substitute candidate outside the timeframe provided by the law? 1 Like |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:01pm On Aug 18, 2020 |
quickberry:That tribunal judgment will fly 1 Like 1 Share |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:02pm On Aug 18, 2020 |
kcnwaigbo:They knew and even replaced him with a Lady below 35. 1 Like 1 Share |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by quickberry(m): 9:02pm On Aug 18, 2020 |
AAA593: Majority or minority? |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:03pm On Aug 18, 2020 |
quickberry:Majority |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by quickberry(m): 9:03pm On Aug 18, 2020 |
AAA593: The lady is not below 35 1 Like |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by quickberry(m): 9:03pm On Aug 18, 2020 |
AAA593: Okay |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:04pm On Aug 18, 2020 |
quickberry:She is o. The period of substitution even passed before her name was presented 1 Like |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by quickberry(m): 9:04pm On Aug 18, 2020 |
kcnwaigbo: The question should be; does INEC have the right to disqualify the party from participating in the election? 1 Like |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by quickberry(m): 9:06pm On Aug 18, 2020 |
AAA593: The replacement is not below 35, the bone of contention is that the name was submitted after the deadline for replacement of candidates. |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:06pm On Aug 18, 2020 |
quickberry:Can a candidate below 35 be accepted? 1 Like |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by ORIENTATION101: 9:07pm On Aug 18, 2020 |
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. 2 Likes 1 Share |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:07pm On Aug 18, 2020 |
quickberry:Now you know. 1 Like |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by quickberry(m): 9:11pm On Aug 18, 2020 |
AAA593: It's only the courts that can disqualify a candidate 1 Like |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by Confirmedzombie: 9:11pm On Aug 18, 2020 |
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. 2 Likes 1 Share |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:17pm On Aug 18, 2020 |
Legal practitioners across TV stations are condemning this cooked judgment |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:17pm On Aug 18, 2020 |
Confirmedzombie:This is false 1 Like 1 Share |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:18pm On Aug 18, 2020 |
quickberry:With inec can accept form from a 10 year old Nigerian citizen |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by ORIENTATION101: 9:25pm On Aug 18, 2020 |
AAA593: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 |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:28pm On Aug 18, 2020 |
ORIENTATION101:Yes Sir president court of appeal. Your eyes will soon clear |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by ORIENTATION101: 9:30pm On Aug 18, 2020 |
AAA593:i'm not a judge but if any legal counsel present that trash to me , I will fling it outside the court room |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by duro4chang(m): 9:31pm On Aug 18, 2020 |
I was thinking the matter is between INEC and the other party. INEC might spoil case for Diri . He should work with INEC. 1 Like 1 Share |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:33pm On Aug 18, 2020 |
duro4chang:Any of them can appeal |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by quickberry(m): 9:38pm On Aug 18, 2020 |
duro4chang: INEC is not even appealing the case 1 Like |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by quickberry(m): 9:38pm On Aug 18, 2020 |
AAA593: Wrong 1 Like |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:47pm On Aug 18, 2020 |
quickberry: 1 Like
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Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by quickberry(m): 9:49pm On Aug 18, 2020 |
AAA593: Wait till judgement is delivered on the case 1 Like |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by IamWonderful: 9:50pm On Aug 18, 2020 |
ok |
Re: Bayelsa: Diri Files Appeal Against Sacking By Tribunal by AAA593: 9:50pm On Aug 18, 2020 |
quickberry:No problems |
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