The Advanced Nigeria Democratic Party, ANDP, on Wednesday, asked the Court of Appeal in Abuja to strike out its defence to the appeal Governor Douye Diri of Bayelsa State filed to challenge the tribunal judgement that sacked him from office and ordered a fresh election in the state.

ANDP which lodged the petition that led to governor Diri’s sack told the appellate court that it was no longer interested in processes its lawyer, Mr. Kehinde Ogunwumiju, SAN, filed to defend the judgement of the tribunal.

Specifically, the party, in a motion dated September 23, prayed the appellate court for an order striking out its briefs of argument and all other processes it filed in Governor Diri’s appeal and in two other sister appeals that were lodged by the Peoples Democratic Party, PDP, and the Independent National Electoral Commission, INEC.

ANDP anchored its application on the ground that its gubernatorial candidate, King George, earlier withdrew from its case at the tribunal and equally left the party.

It told the court that in the event that a fresh election is conducted in Bayelsa State as ordered by the tribunal, it would be left without a gubernatorial candidate.

Meanwhile, the appellate court adjourned its proceedings on the matter till Thursday, following another application the party filed to change its lawyer.

The notice of change of counsel dated September 23, was filed by another lawyer, Gabriel Egbule, without the knowledge of Ogunwumiju, SAN, who prosecuted the party’s case at the tribunal.

Consequently, Ogunwumiju who appeared before the court to represent the party, sought a short adjournment to confirm the development with his client.

”My Lords I am not aware of the motion for change of counsel. I would not have appeared in court to announce my appearance on behalf of the 1st respondent if I was aware of this development”, he submitted.

Although counsel to the appellants led by Chief Chris Uche, SAN, who appeared for governor Diri, objected to the oral application for an adjournment, the appellate court said it was minded to shift the case till Thursday.

The three-man panel of justices of the appellate court headed by Justice Stephen Adah, however, frowned at the way and manner the motion for change of counsel was filed.

“Although a party has the right to a counsel of his choice, the procedure should follow due process. Justice is according to law and not at the whims and caprice of a party. This is not a practice that should be tolerated”, Justice Adah warned.

It will be recalled that the Bayelsa State Governorship Election Petitions Tribunal had in a majority judgement by two out of the three-man panel of Justices, on August 17, voided the outcome of the gubernatorial election that held in the state on November 16, 2019, over the exclusion of ANDP in the contest.

Two members of the panel, Justices Sikiru Owodunni and Yunusa Musa, said they found merit in ANDP’s contention that it was unlawfully excluded from participating in the governorship election by INEC, despite the fact that it fulfilled all the statutory requirements.

Justice Musa who read the lead judgement held that the tribunal was satisfied that INEC illegally excluded ANDP and its governorship candidate, King George, from the election.

However, in a dissenting judgement, Chairman of the tribunal, Justice Ibrahim Sirajo, affirmed governor Diri’s election after he dismissed the petition for being statute-barred.

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.

Governor Diri had in a 12-ground of Appeal he filed on August 18, urged the appellate court to set aside the majority judgement of the tribunal and uphold the minority decision that affirmed his election.

fergie001:
AAA593, kahal29, ejimatic, AAA593, odiks, floreflorez obuksbayelsa

ejimatic:
. If the ANDP applied for withdrawal of its defence before the appellate court, it means the appeal court will base its judgement based on the judgement of the tribunal and the defence of the PDP at the appeal court.. If ANDP does not have a candidate again , other parties will contest the fresh election ordered by the tribunal if the appeal does not succeed it is not necessary that ANDP has a defence to the appeal of the PDP.Judgement must be given either in favour of the ANDP or PDP.

fergie001:


VANGUARD

fergie001:
garfield1, AAA593, kahal29, ejimatic, AAA593, odiks, floreflorez obuksbayelsa

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Governor Duoye Diri work for your people.

garfield1:
Wow

Johnnyessence:
thanks for the update bro.

fergie001:


What happens when you abandon a case?

The Guber Candidate has abandoned the case.

The Party has abandoned the case, what do you think will happen?

There is no case.
It is all over.

fergie001:
Yea

Always welcome.

garfield1:


No sir.you are wrong.nothing is over.the court will still give judgment based on the majority judgment.it could have been over if andp was the petitioner

fergie001:
garfield1, AAA593, kahal29, ejimatic, AAA593, odiks, floreflorez obuksbayelsa

---

Governor Duoye Diri work for your people.

fergie001:

So you want me to spit it out?
I know what I meant by OVER.

Are you saying you don't know where this will end without ANDP?

Haba...there will be a judgement but you already know what it is.

fergie001:


What happens when you abandon a case?

The Guber Candidate has abandoned the case.

The Party has abandoned the case, what do you think will happen?

There is no case.
It is all over.

ejimatic:
. I dont think so.....It was PDP that appealed..Judgement must be given either in favour or against PDP. Defence of the ANDP is immaterial. If PDP did not appeal the fresh election Must take place ..So the appeal judgement will determine the next action.

garfield1:


It was an application which the court has not approved and they have applied to change their lawyer so tomorrow,we will know better

fergie001:
garfield1, AAA593, kahal29, ejimatic, AAA593, odiks, floreflorez obuksbayelsa

---

Governor Duoye Diri work for your people.

ejimatic:
. I dont think so.....It was PDP that appealed..Judgement must be given either in favour or against PDP. Defence of the ANDP is immaterial. If PDP did not appeal the fresh election Must take place ..So the appeal judgement will determine the next action.

fergie001:

I don't think you understand what is going on.
Kehinde represents the Part as the Guber Candidate didn't even participate in the tribunal.

A lawyer of Kehinde's stand will not accept to 'kill' the case, hence, they are withdrawing the appeals earlier made by him and replacing him.

This lawyer will help them mount NO defence to Diri's appeal. If they were the petitioners, they would have asked the Court to withdraw the case.

AAA593:

I believe andp is only changing its counsel but still in court. What do you think Sir

fergie001:

I don't think you understand what is going on.
Kehinde represented the Party at the tribunal but the Guber candidate didn't even participate in the tribunal.

A lawyer of Kehinde's stand will not accept to 'kill' the case, hence, they are withdrawing the appeals earlier made by him and replacing him.

This lawyer will help them mount NO defence to Diri's appeal. If they were the petitioners, they would have asked the Court to withdraw the case.

garfield1:


We shall know better tomorrow if kehinde can convince them to continue or not.

ejimatic:
It seems from what I read the party first applied for a change of counsel....The appeal may not entertain the defence withdrawal .It may be a breach of the court process. before the court.

garfield1:


Exactly esp if kehinde refuses to step down.from the body language of the judges,I don't see them striking out any thing

fergie001:

You seem not to understand me.
There must be a judgement.

But this case is dead.

ejimatic:
. If there is going to be a judgement that means the case is not dead.. To the PDP judgement in their favour is necessary.This judgement will be based on the evaluation of the Tribunal judgement and PDP defence. at the appeal court. The judgement can be either way.I dont want to preempt the appeal judgement on this matter.