₦airaland Forum

seunmsg:
Go and check the decision of the court in the case of Natasha Akpoti vs INEC. The case is very similar to this one. The court held that INEC doesn’t have the powers to disqualify Natasha simply because her initial running mate is underage. INEC complied with the judgement in Kogi state but sadly did the opposite in Bayelsa.

App case happened this year. Go and read that judgment

mfm04622:
The lawyer missed it! The court didn't say APC had no candidate in the election, the deputy governorship candidate was disqualified by the court. There is a provision that candidates can withdraw their candidacy 45 days to election and another candidate substituted. So if the election is scheduled for longer than 45 days, APC can substitute the Deputy Governorship candidate. That was the one that was disqualified, not the party.

According to supreme court APC was not qualified before the election and that decision is final. APC is not qualified in any governorship election in bayelsa till 2023

seunmsg:
From what I read, the party forwarded a replacement to INEC immediately they got a letter from the commission that the initial VP nominee was not eligible. INEC still went ahead to disqualify the party despite the replacement. Two members of the tribunal disagreed with INEC’s decision and hence concluded that the party was unfairly excluded. There is also an existing court judgement that only the court can disqualify a candidate and not INEC.

The replacement was out of time according to inec's time table

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

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

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

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

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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.

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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.

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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.

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NEWS
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

Johnnyessence:
The tribunal thoroughly erred.
A similar case had been taken to the Court by APP..that they were excluded. INEC argued that the time had elapsed for substitution of names and that was why they excluded the party.
Justice Ojukwu of the FHC, Abuja upheld INEC's position that the APP did not meet the stipulated conditions of INEC. (FEB 21, 2020)
APP appealed the judgement.and the Appeal Court dismissed the case in favour of INEC. Guess who led the panel?
Justice Monica Dongban-Mensem.
https://www.google.com/amp/s/punchng.com/appeal-court-dismisses-suits-seeking-to-nullify-bayelsa-kogi-gov-elections/%3famp=1

I don't know if the two judges were aware of this before calling for fresh election. The judgment will not stand

garfield1:
Yes it is the beauty and flexibility of the law

Good night sir

simigold:
I disagree Mr lawyer. The only implication is that the legal tussle will start afresh. This means all parties will participate in the election with their respective candidates including APC and the disqualified deputy. By virtue of the judgement, all parties maintain status quo. If APC wins again, then the legal battle to disqualify the deputy starts afresh. QED

Can you imagine. So same disqualification matter already settled by supreme will go back to supreme court again for hearing. I laff

garfield1:
To the extent that it is a pre election issue.if qualification issue can be post election,why not exclusion? By my own understanding, all matters that arose after primaries can be taken to a tribunal

ANDP had enough time to go court before the election

fergie001:
I sent you a link....I don't think you have read it.

The APP in Kogi and Bayelsa took INEC to the FHC in Abuja last year..that they were excluded from the elections of Nov 16, 2019.

February 21 2020.....Justice Ojukwu upheld INEC's decision because the APP did same out of INEC stipulated time.

The matter was further dismissed at the Appeal Court by Justice Dongban-Mensem.

Again....Are you saying that a political party can pick a criminal as deputy, to steal votes from the State and INEC will sit idly by and watch?

One of the petitioners agreed that he did not meet the 35 years set up by the Constitution....should we then throw our Constitution under the bus?

Can that party now be said to have fulfilled all the constitutional requirements to participate in that election?

I don't know how those Judges came about the fresh election thing. This is a pre election matter and the deputy governorship candidate agreed that he was below 35 before the election including the late period he was replaced by his party. This is clear na

The reasons for the fresh election will not stand at all. Also, the chairman of the tribunal nailed it all with his judgment. People are applauding the chairman's judgement everywhere.

From the information i gathered, Douye diri will swear in his commissioners tomorrow after screenings and bayelsa will move on.

ejimatic:
SC believes that technicality should not be used to disqualify candidates.I share the same opinion too. against the minority judgement

You're always against pdp

Prettychild:
Who is reporting this type of news na? Who is Justice Woniwei again? There is no Judge like that on that panel na

He's part of the panel

RichBoy247:
The judgement is already sitting down comfortably.

Your eye go clear soon

ANDP Had No Validly Nominated Running Mate For Bayelsa Election - INEC

STATEMENT ON THE BAYELSA ELECTION TRIBUNAL RULING

The Commission is a law-abiding institution and will continue to obey and respect court orders.
By section 143(1) of the Electoral Act, if the Tribunal determines that a candidate returned as elected was not validly elected, then if notice of appeal is filed within 21 days from the date of the decision, the candidate returned as elected shall notwithstanding the contrary decision remain in office pending the determination of the appeal. The Commission is not obligated to give effect to the said judgement of the Tribunal till the parties exhaust their right of appeal as provided in the law.

Moreover, there are germane constitutional issues raised by the judgement and the Commission will take a position when it receives the certified true copy of the judgement. This is because the issues raised in the petition revolve around the invalidity of the nomination of the Deputy Governorship candidate.

Furthermore, the issue of nomination and substitution of candidates raised in the petition fall within the ambit of pre-election issues covered by the 4th alteration to the Constitution that must be filed within 14 days of the occurrence of the event. From the records in the Commission, the Advanced Nigeria Democratic Party (ANDP) was one of the Political Parties that signified its intention to contest the Bayelsa Governorship Election that took place on the 16th day of November 2019. From our records, the party conducted party primaries and at the end of the exercise it submitted the name of one Peter Esinkuma

David as its Deputy Governorship candidate.
From the affidavit evidencing age and the affidavit sworn to by the candidate, the age of the candidate at the time of the submission of their nomination was 34 years contrary to section 177(b) of the Constitution that makes it mandatory that only those who are 35 and above can contest the election. In the candidates’ statutory declaration of age and affidavit attached to his form, the Party stated that the candidate was born on the 10th day of February 1985. On the 13th day of September, 2019, the Commission wrote to the Party drawing their attention to the constitutional agerequirement of 35 years for Governorship/Deputy Governorship candidates as stipulated in section 177(b) of the Constitution.
The Commission also informed them of the invalidity of their nomination for the 16th November 2019 Governorship election in Bayelsa State.

On the 21st day of September 2019 and in response to the letter of the Commission dated the 13th September 2019, the Advanced Nigeria Democratic Party wrote to the Commission acknowledging the invalidity of their nomination and forwarding the name of one Miss INOWEI JANETH as their new Deputy Governorship candidate.

On the 27th of September 2019, the Commission informed the Party that the deadline for the submission of nominations as provided for in the Timetable and Schedule of Activities released by the Commission on 16th May 2019 was 9th September 2019. The Commission also informed the Party that since they did not submit valid nomination, they couldn’t validly substitute any candidate.
Consequently, the name and logo of the Party did not appear and was not reflected in the ballot paper.

ANDP Had No Validly Nominated Running Mate For Bayelsa Election - INEC

STATEMENT ON THE BAYELSA ELECTION TRIBUNAL RULING

The Commission is a law-abiding institution and will continue to obey and respect court orders.
By section 143(1) of the Electoral Act, if the Tribunal determines that a candidate returned as elected was not validly elected, then if notice of appeal is filed within 21 days from the date of the decision, the candidate returned as elected shall notwithstanding the contrary decision remain in office pending the determination of the appeal. The Commission is not obligated to give effect to the said judgement of the Tribunal till the parties exhaust their right of appeal as provided in the law.

Moreover, there are germane constitutional issues raised by the judgement and the Commission will take a position when it receives the certified true copy of the judgement. This is because the issues raised in the petition revolve around the invalidity of the nomination of the Deputy Governorship candidate.

Furthermore, the issue of nomination and substitution of candidates raised in the petition fall within the ambit of pre-election issues covered by the 4th alteration to the Constitution that must be filed within 14 days of the occurrence of the event. From the records in the Commission, the Advanced Nigeria Democratic Party (ANDP) was one of the Political Parties that signified its intention to contest the Bayelsa Governorship Election that took place on the 16th day of November 2019. From our records, the party conducted party primaries and at the end of the exercise it submitted the name of one Peter Esinkuma

David as its Deputy Governorship candidate.
From the affidavit evidencing age and the affidavit sworn to by the candidate, the age of the candidate at the time of the submission of their nomination was 34 years contrary to section 177(b) of the Constitution that makes it mandatory that only those who are 35 and above can contest the election. In the candidates’ statutory declaration of age and affidavit attached to his form, the Party stated that the candidate was born on the 10th day of February 1985. On the 13th day of September, 2019, the Commission wrote to the Party drawing their attention to the constitutional agerequirement of 35 years for Governorship/Deputy Governorship candidates as stipulated in section 177(b) of the Constitution.
The Commission also informed them of the invalidity of their nomination for the 16th November 2019 Governorship election in Bayelsa State.

On the 21st day of September 2019 and in response to the letter of the Commission dated the 13th September 2019, the Advanced Nigeria Democratic Party wrote to the Commission acknowledging the invalidity of their nomination and forwarding the name of one Miss INOWEI JANETH as their new Deputy Governorship candidate.

On the 27th of September 2019, the Commission informed the Party that the deadline for the submission of nominations as provided for in the Timetable and Schedule of Activities released by the Commission on 16th May 2019 was 9th September 2019. The Commission also informed the Party that since they did not submit valid nomination, they couldn’t validly substitute any candidate.
Consequently, the name and logo of the Party did not appear and was not reflected in the ballot paper.

ANDP Had No Validly Nominated Running Mate For Bayelsa Election - INEC

STATEMENT ON THE BAYELSA ELECTION TRIBUNAL RULING

The Commission is a law-abiding institution and will continue to obey and respect court orders.
By section 143(1) of the Electoral Act, if the Tribunal determines that a candidate returned as elected was not validly elected, then if notice of appeal is filed within 21 days from the date of the decision, the candidate returned as elected shall notwithstanding the contrary decision remain in office pending the determination of the appeal. The Commission is not obligated to give effect to the said judgement of the Tribunal till the parties exhaust their right of appeal as provided in the law.

Moreover, there are germane constitutional issues raised by the judgement and the Commission will take a position when it receives the certified true copy of the judgement. This is because the issues raised in the petition revolve around the invalidity of the nomination of the Deputy Governorship candidate.

Furthermore, the issue of nomination and substitution of candidates raised in the petition fall within the ambit of pre-election issues covered by the 4th alteration to the Constitution that must be filed within 14 days of the occurrence of the event. From the records in the Commission, the Advanced Nigeria Democratic Party (ANDP) was one of the Political Parties that signified its intention to contest the Bayelsa Governorship Election that took place on the 16th day of November 2019. From our records, the party conducted party primaries and at the end of the exercise it submitted the name of one Peter Esinkuma

David as its Deputy Governorship candidate.
From the affidavit evidencing age and the affidavit sworn to by the candidate, the age of the candidate at the time of the submission of their nomination was 34 years contrary to section 177(b) of the Constitution that makes it mandatory that only those who are 35 and above can contest the election. In the candidates’ statutory declaration of age and affidavit attached to his form, the Party stated that the candidate was born on the 10th day of February 1985. On the 13th day of September, 2019, the Commission wrote to the Party drawing their attention to the constitutional agerequirement of 35 years for Governorship/Deputy Governorship candidates as stipulated in section 177(b) of the Constitution.
The Commission also informed them of the invalidity of their nomination for the 16th November 2019 Governorship election in Bayelsa State.

On the 21st day of September 2019 and in response to the letter of the Commission dated the 13th September 2019, the Advanced Nigeria Democratic Party wrote to the Commission acknowledging the invalidity of their nomination and forwarding the name of one Miss INOWEI JANETH as their new Deputy Governorship candidate.

On the 27th of September 2019, the Commission informed the Party that the deadline for the submission of nominations as provided for in the Timetable and Schedule of Activities released by the Commission on 16th May 2019 was 9th September 2019. The Commission also informed the Party that since they did not submit valid nomination, they couldn’t validly substitute any candidate.
Consequently, the name and logo of the Party did not appear and was not reflected in the ballot paper.

seunayantokun:
I can't see why their appeal won't succeed. The chairman of the Tribunal has helped them a lot. Diri's lawyers just have to do their job well.

APC failed

The Tribunal only ordered for a fresh elections to be conducted and not fresh party primaries to be conducted. In the first place, the APC candidate was already disqualified even before the elections by a Federal High Court and was subsequently, affirmed by the supreme court of its disqualification.

Therefore, the Tribunal did not order for a fresh Electoral window to be opened for all candidates including, the parties that didn't field a candidate then. It's rather an election just to include the ANDP to contest along side other earlier qualified parties and not for a fresh elections window to include a disqualified party like the APC.

Does that mean that the APC or even the PDP or the ANDP or any other party will conduct fresh primaries to right their wrongs or will they now submit fresh nominations with fresh documents or same documents? That's not the contemplation of the tribunal judgment please. The Tribunal only ordered to include the affected party and conduct a fresh election and not a new political window.

The best the APC can do is to do the"awarawa" scenario however, the judgment will not see the day light at the appeals as the case is incompetent and statue bared. Also, you can not visit the sins of INEC on an innocent soul or candidate having, been sworn in as a Governor knowing fully well that such party will not even win the elections in a fresh elections.

On right of appeal whether INEC will want to appeal or not. Don't worry, PDP and Gov. Douye Diri, are already a party to the suit and can appeal as a party whose right is been adversely affected by the judgment successfully.

The Tribunal only ordered for a fresh elections to be conducted and not fresh party primaries to be conducted. In the first place, the APC candidate was already disqualified even before the elections by a Federal High Court and was subsequently, affirmed by the supreme court of its disqualification.

Therefore, the Tribunal did not order for a fresh Electoral window to be opened for all candidates including, the parties that didn't field a candidate then. It's rather an election just to include the ANDP to contest along side other earlier qualified parties and not for a fresh elections window to include a disqualified party like the APC.

Does that mean that the APC or even the PDP or the ANDP or any other party will conduct fresh primaries to right their wrongs or will they now submit fresh nominations with fresh documents or same documents? That's not the contemplation of the tribunal judgment please. The Tribunal only ordered to include the affected party and conduct a fresh election and not a new political window.

The best the APC can do is to do the"awarawa" scenario however, the judgment will not see the day light at the appeals as the case is incompetent and statue bared. Also, you can not visit the sins of INEC on an innocent soul or candidate having, been sworn in as a Governor knowing fully well that such party will not even win the elections in a fresh elections.

On right of appeal whether INEC will want to appeal or not. Don't worry, PDP and Gov. Douye Diri, are already a party to the suit and can appeal as a party whose right is been adversely affected by the judgment successfully.

The Tribunal only ordered for a fresh elections to be conducted and not fresh party primaries to be conducted. In the first place, the APC candidate was already disqualified even before the elections by a Federal High Court and was subsequently, affirmed by the supreme court of its disqualification.

Therefore, the Tribunal did not order for a fresh Electoral window to be opened for all candidates including, the parties that didn't field a candidate then. It's rather an election just to include the ANDP to contest along side other earlier qualified parties and not for a fresh elections window to include a disqualified party like the APC.

Does that mean that the APC or even the PDP or the ANDP or any other party will conduct fresh primaries to right their wrongs or will they now submit fresh nominations with fresh documents or same documents? That's not the contemplation of the tribunal judgment please. The Tribunal only ordered to include the affected party and conduct a fresh election and not a new political window.

The best the APC can do is to do the"awarawa" scenario however, the judgment will not see the day light at the appeals as the case is incompetent and statue bared. Also, you can not visit the sins of INEC on an innocent soul or candidate having, been sworn in as a Governor knowing fully well that such party will not even win the elections in a fresh elections.

On right of appeal whether INEC will want to appeal or not. Don't worry, PDP and Gov. Douye Diri, are already a party to the suit and can appeal as a party whose right is been adversely affected by the judgment successfully.

The Tribunal only ordered for a fresh elections to be conducted and not fresh party primaries to be conducted. In the first place, the APC candidate was already disqualified even before the elections by a Federal High Court and was subsequently, affirmed by the supreme court of its disqualification.

Therefore, the Tribunal did not order for a fresh Electoral window to be opened for all candidates including, the parties that didn't field a candidate then. It's rather an election just to include the ANDP to contest along side other earlier qualified parties and not for a fresh elections window to include a disqualified party like the APC.

Does that mean that the APC or even the PDP or the ANDP or any other party will conduct fresh primaries to right their wrongs or will they now submit fresh nominations with fresh documents or same documents? That's not the contemplation of the tribunal judgment please. The Tribunal only ordered to include the affected party and conduct a fresh election and not a new political window.

The best the APC can do is to do the"awarawa" scenario however, the judgment will not see the day light at the appeals as the case is incompetent and statue bared. Also, you can not visit the sins of INEC on an innocent soul or candidate having, been sworn in as a Governor knowing fully well that such party will not even win the elections in a fresh elections.

On right of appeal whether INEC will want to appeal or not. Don't worry, PDP and Gov. Douye Diri, are already a party to the suit and can appeal as a party whose right is been adversely affected by the judgment successfully.

Cantonese:
"Two head is better than one". Go school una no go gree. How una go take write English well and pass examinations?

The issue of plenty heads against the right thing to do will not work in appeal and supreme court

Even that ANDP judgment will be reversed later.
Details shortly

Front page lala

ejimatic:
. From this report it appears justice Sirajo minority judgement was bases on the disqualification of ANDP deputy governor on age matter.The substituted it but INEC claimed it was done out of the stipulated period. The party in my opinion did not go to a regular court to complain because of its ongoing replacement processes which INEC truncated.If this is the case the next place to lodge the complaint is EPT whose duty is to look into issues relating to an election before and during the process...It seems INEC laid ambush for the party on the ground of technicality which is being corrected by the EPT.

Invalid

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

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

ORIENTATION101:
court didnt order re-run.

Before last election was APC qualified?

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?