₦airaland Forum

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

duwdu:
I accept. Let's see how it plays out. But the sitting Governor still has to obtain a stay of execution of the latest judgement, otherwise he stands removed, appeal or no appeal.

........
P34c3

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.

Also read: Court declares Kogi PDP had no candidate in 2019 governorship 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 November 16, 2019, over the exclusion of one of the registered political parties, Advanced Nigeria Democratic Party, ANDP, in the contest.


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 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.


Vanguard News
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 electi

ejimatic:
. Guidelines of elections nominations and conduct were not followed by the INEC and parties.So if INEC is ordered to conduct a fresh election all parties mist take part in it with replacement of candidates if necessary.. Remember selection of candidates is a party affair.This can still take place within six months.A party registered today can take part in the election.

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.

Also read: Court declares Kogi PDP had no candidate in 2019 governorship 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 November 16, 2019, over the exclusion of one of the registered political parties, Advanced Nigeria Democratic Party, ANDP, in the contest.


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 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.


Vanguard News
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 electi

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

Front page please. This tribunal judgment will not stand

garfield1:
Was the party excluded or not

Underaged deputy was removed for the party to replace but the party failed to do so

duwdu:
Of course there will be fresh guidelines for a fresh election. For starters, the current prevailing socio-political, judicial, and economic scenarios, are different.

........
P34c3

Stop deceiving yourself oga

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

NgeneUkwenu:
The supreme Court Judgment was a Pre Election Matters, but this is Post Election Matters, which only the Tribunal can try...

Two different things!

What is this? Disqualification that took place before the election is a post election matter? Mind you ANDP was given time to replace its deputy candidate but failed to do so. The judgment will not stand

fergie001:
ejimatic AAA593

I said it

duwdu:
That doesn't mean the courts will accept that he can appeal a ruling over a court case he did not institute or was not joined or called as a witness.

........
P34c3

See below

I don't even know the reason why the tribunal declared fresh election in the first place. Was the process that led to the election flawed? Simply order a rerun and allow ANDP to participate. This judgment will not stand

ejimatic:
The arising question as a follow up to my analysis is : Will APC take part in the fresh Bayelsa election if the judgement is sustained at the SC? Yes is the answer.The election is FRESH for all parties including APC.However if it is a RERUN election APC can never take part in it. Additionally if the judgement is sustained at the SC the Assembly speaker will be made Acting Governor for six months during which a FRESH election will take place with all parties including APC participating.

Fresh election for qualified political parties before the election only. Apc was not qualified before the election and i think its stands. Do you think there will be fresh guidelines from inec, fresh nominations and primaries?

muykem:
You are not correct. The case is not a mistake exclusion from ballot paper but from election process. This judgement has cancelled all the process leading to election, it therefore give APC also chance to start the process afresh.

Cancel Wetin. I laugh

Go ahead

Ayed44:
The time for nomination/submission of candidates has elapsed. Only the party who went to court to get this judgement will be included. All other parties/candidates remain the same.

This is it

SaintLucia:
Dindinrin is not part of the case. The case is between the tribunal and INEC The only person that can appeal is INEC. Right now people are seriously jubilating in Bayelsa.

I'm in yenagoa nothing is happening anywhere except a few APC supporters celebrating. APC stands disqualified

NgeneUkwenu:
It is a fresh election....In fact in the eyes of the law...What took place in Bayelsa was no election because iNEC excluded qualified parties from participation....

So it is actually back to square one! Every qualified party will participate afresh including APC.

Before the said election APC was not qualified

SaintLucia:
The governor can't appeal cos the case is between that small party, tribunal and INEC not PDP. The only person that can appeal the case is INEC and APC will participate in a fresh election by substituting the name of their deputy like the supreme court ruling of the former Bauchi state governor who won election but the supreme court nullified his victory for presenting a deputy that forged his certificate and order for a fresh election. The ex Bauchi state governor presented a new deputy, contested and won the fresh election. I'm very sure you were young then to know this history. Mary Odili wuruwuru ruling can't stand.

Stop deceiving people. Douye diri is part of the case

kahal29:
If ANDP is to participate in the fresh election it means they would conduct primaries to be able to field a candidate and this is a process of its own.

So if they are allowed to conduct primaries it simply follows that every other party will conduct fresh primaries.

ANDP had candidate that was disqualified so no fresh nominations

Dansuqi:
How far? Shey I told you diri will go? Am the greatest here

Akamu case how far

Dansuqi:
How far? Shey I told you diri will go? Am the greatest here

Go rest with your disqualification akamu cases

fergie001:
Ejimatic. AAA593 dansuqi.............Your analysis;

I have mine.....should I go first?

Go first

Cajal:
..this is fresh
APC to participate

No APC

ryloy:
Tribunal said Fresh Election not rerun

No APC

ryloy:
Primary is for the candidate , not for running mate. It was handpicked running mate that was disqualified

There is no APC in the election

mosdii:
This is a fresh Election.

Are you doing fresh primary?

leokid866:
Apc for the jump.......

APC candidate has been disqualified na

Inec to include ANDP candidate. Details shortly

fergie001:
AAA593.........Congrats again jareh

Yes sir

The Bayelsa State Governorship Election Petition Tribunal on Saturday dismissed three separate petitions challenging the emergence of Senator Duoye Diri as the governor of the state.
Home - THISDAYLIVE logo

3'
Bayelsa Guber: Tribunal Dismisses AD, UCP, LM Petitions against Diri
editorAugust 15, 2020 6:48 Pm
By Alex Enumah

The Bayelsa State Governorship Election Petition Tribunal on Saturday dismissed three separate petitions challenging the emergence of Senator Duoye Diri as the governor of the state.


The three-man panel led by Justice Ibrahim Sirajo, dismissed the petitions for lacking in merit as well as a waste of the court’s time.

The three petitions dismissed are that of the Alliance for Democracy (AD), United Congress Party (UCP) and Liberation Movement (LM).

The three petitioners had approached the tribunal to remove Governor Diri from office on account of having an unlawful running mate in the November 16, 2019 governorship election in Bayelsa State.
Home - THISDAYLIVE logo

3'
Bayelsa Guber: Tribunal Dismisses AD, UCP, LM Petitions against Diri
editorAugust 15, 2020 6:48 Pm
By Alex Enumah

The Bayelsa State Governorship Election Petition Tribunal on Saturday dismissed three separate petitions challenging the emergence of Senator Duoye Diri as the governor of the state.


The three-man panel led by Justice Ibrahim Sirajo, dismissed the petitions for lacking in merit as well as a waste of the court’s time.

The three petitions dismissed are that of the Alliance for Democracy (AD), United Congress Party (UCP) and Liberation Movement (LM).

The three petitioners had approached the tribunal to remove Governor Diri from office on account of having an unlawful running mate in the November 16, 2019 governorship election in Bayelsa State.


The petitioners claimed that the Deputy Governor, Senator Lawrence Ewhrudjakpo, lied on oath in his form CF 001 submitted to the Independent National Electoral Commission (INEC) in aid of his qualification for the November 16, 2019 governorship election.

According to the petitioners, the Deputy Governor, Ewhrudjakpo, does not possess the necessary academic qualification for the position of governor.

In the petition filed by the LM and its governorship candidate, Mr. Vijah Opuama, they alleged that there were discrepancies in the name of the deputy governor on his National Youth Service Corps (NYSC) exemption certificate.
HOME BUSINESS POLITICS NIGERIA HEALTH & WELLBEING EDUCATION LIFE & STYLE SPORT EDITORIAL BACKPAGE
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3'
Bayelsa Guber: Tribunal Dismisses AD, UCP, LM Petitions against Diri
editorAugust 15, 2020 6:48 Pm
By Alex Enumah

The Bayelsa State Governorship Election Petition Tribunal on Saturday dismissed three separate petitions challenging the emergence of Senator Duoye Diri as the governor of the state.


The three-man panel led by Justice Ibrahim Sirajo, dismissed the petitions for lacking in merit as well as a waste of the court’s time.

The three petitions dismissed are that of the Alliance for Democracy (AD), United Congress Party (UCP) and Liberation Movement (LM).

The three petitioners had approached the tribunal to remove Governor Diri from office on account of having an unlawful running mate in the November 16, 2019 governorship election in Bayelsa State.


The petitioners claimed that the Deputy Governor, Senator Lawrence Ewhrudjakpo, lied on oath in his form CF 001 submitted to the Independent National Electoral Commission (INEC) in aid of his qualification for the November 16, 2019 governorship election.

According to the petitioners, the Deputy Governor, Ewhrudjakpo, does not possess the necessary academic qualification for the position of governor.

In the petition filed by the LM and its governorship candidate, Mr. Vijah Opuama, they alleged that there were discrepancies in the name of the deputy governor on his National Youth Service Corps (NYSC) exemption certificate.


They also alleged fraud in his Rivers State University of Technology degree certificate attached to his form CF 001.

The same arguments were made by both the AD, UCP and their governorship candidates, Onwei Tongo and Ibiene Stephen respectively.

However, the panel in its judgment in the three separate suits held that the petitions are incompetent as they amounted to an academic exercise.

Delivering judgment in the AD’s petition, Justice S. Owodunni held that the deputy governor is eminently qualified having fulfilled the provision of section 177 of the constitution.

HOME BUSINESS POLITICS NIGERIA HEALTH & WELLBEING EDUCATION LIFE & STYLE SPORT EDITORIAL BACKPAGE
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3'
Bayelsa Guber: Tribunal Dismisses AD, UCP, LM Petitions against Diri
editorAugust 15, 2020 6:48 Pm
By Alex Enumah

The Bayelsa State Governorship Election Petition Tribunal on Saturday dismissed three separate petitions challenging the emergence of Senator Duoye Diri as the governor of the state.


The three-man panel led by Justice Ibrahim Sirajo, dismissed the petitions for lacking in merit as well as a waste of the court’s time.

The three petitions dismissed are that of the Alliance for Democracy (AD), United Congress Party (UCP) and Liberation Movement (LM).

The three petitioners had approached the tribunal to remove Governor Diri from office on account of having an unlawful running mate in the November 16, 2019 governorship election in Bayelsa State.


The petitioners claimed that the Deputy Governor, Senator Lawrence Ewhrudjakpo, lied on oath in his form CF 001 submitted to the Independent National Electoral Commission (INEC) in aid of his qualification for the November 16, 2019 governorship election.

According to the petitioners, the Deputy Governor, Ewhrudjakpo, does not possess the necessary academic qualification for the position of governor.

In the petition filed by the LM and its governorship candidate, Mr. Vijah Opuama, they alleged that there were discrepancies in the name of the deputy governor on his National Youth Service Corps (NYSC) exemption certificate.


They also alleged fraud in his Rivers State University of Technology degree certificate attached to his form CF 001.

The same arguments were made by both the AD, UCP and their governorship candidates, Onwei Tongo and Ibiene Stephen respectively.

However, the panel in its judgment in the three separate suits held that the petitions are incompetent as they amounted to an academic exercise.

Delivering judgment in the AD’s petition, Justice S. Owodunni held that the deputy governor is eminently qualified having fulfilled the provision of section 177 of the constitution.


He explained that the alleged discrepancy on Ewhrudjakpo’s certificate was an error that was corrected by the NYSC and was corroborated by the NYSC director, who gave evidence in the matter.

The panel further held that the petitioners also failed to prove their case having not called relevant witnesses.

He therefore dismissed the petition.

The panel gave similar reasons for the dismissal of the UCP and LM petitions.


HOME BUSINESS POLITICS NIGERIA HEALTH & WELLBEING EDUCATION LIFE & STYLE SPORT EDITORIAL BACKPAGE
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3'
Bayelsa Guber: Tribunal Dismisses AD, UCP, LM Petitions against Diri
editorAugust 15, 2020 6:48 Pm
By Alex Enumah

The Bayelsa State Governorship Election Petition Tribunal on Saturday dismissed three separate petitions challenging the emergence of Senator Duoye Diri as the governor of the state.


The three-man panel led by Justice Ibrahim Sirajo, dismissed the petitions for lacking in merit as well as a waste of the court’s time.

The three petitions dismissed are that of the Alliance for Democracy (AD), United Congress Party (UCP) and Liberation Movement (LM).

The three petitioners had approached the tribunal to remove Governor Diri from office on account of having an unlawful running mate in the November 16, 2019 governorship election in Bayelsa State.


The petitioners claimed that the Deputy Governor, Senator Lawrence Ewhrudjakpo, lied on oath in his form CF 001 submitted to the Independent National Electoral Commission (INEC) in aid of his qualification for the November 16, 2019 governorship election.

According to the petitioners, the Deputy Governor, Ewhrudjakpo, does not possess the necessary academic qualification for the position of governor.

In the petition filed by the LM and its governorship candidate, Mr. Vijah Opuama, they alleged that there were discrepancies in the name of the deputy governor on his National Youth Service Corps (NYSC) exemption certificate.


They also alleged fraud in his Rivers State University of Technology degree certificate attached to his form CF 001.

The same arguments were made by both the AD, UCP and their governorship candidates, Onwei Tongo and Ibiene Stephen respectively.

However, the panel in its judgment in the three separate suits held that the petitions are incompetent as they amounted to an academic exercise.

Delivering judgment in the AD’s petition, Justice S. Owodunni held that the deputy governor is eminently qualified having fulfilled the provision of section 177 of the constitution.


He explained that the alleged discrepancy on Ewhrudjakpo’s certificate was an error that was corrected by the NYSC and was corroborated by the NYSC director, who gave evidence in the matter.

The panel further held that the petitioners also failed to prove their case having not called relevant witnesses.

He therefore dismissed the petition.

The panel gave similar reasons for the dismissal of the UCP and LM petitions.


In the case of the United Peoples Congress, the tribunal, while dismissing same held that the petition which raised some pre-election issues was filed outside the statutory period required by law and therefore statute barred.

Justice Yinusa Musa, who delivered the judgment of the tribunal, noted that: “The petition is statute barred having not been filed within the statutory period as required by section 285 (9) of the 1999 constitution (4th alteration) and therefore, the tribunal lacked jurisdiction to entertain the petition.

HOME BUSINESS POLITICS NIGERIA HEALTH & WELLBEING EDUCATION LIFE & STYLE SPORT EDITORIAL BACKPAGE
Home - THISDAYLIVE logo

3'
Bayelsa Guber: Tribunal Dismisses AD, UCP, LM Petitions against Diri
editorAugust 15, 2020 6:48 Pm
By Alex Enumah

The Bayelsa State Governorship Election Petition Tribunal on Saturday dismissed three separate petitions challenging the emergence of Senator Duoye Diri as the governor of the state.


The three-man panel led by Justice Ibrahim Sirajo, dismissed the petitions for lacking in merit as well as a waste of the court’s time.

The three petitions dismissed are that of the Alliance for Democracy (AD), United Congress Party (UCP) and Liberation Movement (LM).

The three petitioners had approached the tribunal to remove Governor Diri from office on account of having an unlawful running mate in the November 16, 2019 governorship election in Bayelsa State.


The petitioners claimed that the Deputy Governor, Senator Lawrence Ewhrudjakpo, lied on oath in his form CF 001 submitted to the Independent National Electoral Commission (INEC) in aid of his qualification for the November 16, 2019 governorship election.

According to the petitioners, the Deputy Governor, Ewhrudjakpo, does not possess the necessary academic qualification for the position of governor.

In the petition filed by the LM and its governorship candidate, Mr. Vijah Opuama, they alleged that there were discrepancies in the name of the deputy governor on his National Youth Service Corps (NYSC) exemption certificate.


They also alleged fraud in his Rivers State University of Technology degree certificate attached to his form CF 001.

The same arguments were made by both the AD, UCP and their governorship candidates, Onwei Tongo and Ibiene Stephen respectively.

However, the panel in its judgment in the three separate suits held that the petitions are incompetent as they amounted to an academic exercise.

Delivering judgment in the AD’s petition, Justice S. Owodunni held that the deputy governor is eminently qualified having fulfilled the provision of section 177 of the constitution.


He explained that the alleged discrepancy on Ewhrudjakpo’s certificate was an error that was corrected by the NYSC and was corroborated by the NYSC director, who gave evidence in the matter.

The panel further held that the petitioners also failed to prove their case having not called relevant witnesses.

He therefore dismissed the petition.

The panel gave similar reasons for the dismissal of the UCP and LM petitions.


In the case of the United Peoples Congress, the tribunal, while dismissing same held that the petition which raised some pre-election issues was filed outside the statutory period required by law and therefore statute barred.

Justice Yinusa Musa, who delivered the judgment of the tribunal, noted that: “The petition is statute barred having not been filed within the statutory period as required by section 285 (9) of the 1999 constitution (4th alteration) and therefore, the tribunal lacked jurisdiction to entertain the petition.


On the alleged non-qualification of the respondents to contest the election, Justice Musa held that: “None of the witnesses called by the petitioner proved the non-qualification of the 2nd and 3rd respondents.”

On the issue of alleged alteration on the National Youth Service (NYSC) exemption certificate of the deputy governor, the tribunal said: “The NYSC certificate is not a requirement to contest any election.”

On the grounds of alleged forgery of academic credentials, the tribunal held that “allegations of forgery is criminal in nature and must be proved beyond reasonable doubts and the petitioner has failed to discharge this burden”.

The petitioner, who made the allegations, has failed to prove as required by law and the evidence of all the witnesses he called were neither here nor there.

“The petition lacked merit and is hereby dismissed with a cost of N200,0000 awarded in favour of each of the respondents,” Justice Musa held.
https://www.google.com/amp/s/www.thisdaylive.com/index.php/2020/08/15/bayelsa-guber-tribunal-dismisses-ad-ucp-lm-petitions-against-diri/amp/

fergie001:
My bro....I don't know what to say again.

Make we leave am