₦airaland Forum

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?

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