Bayelsa tribunal Chairman affirms Gov Diri’s election, disagrees with majority judgement

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.

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 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.

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 the 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.

fergie001:
ejimatic AAA593

AAA593:

I said it

JAMO84:
Two head is better than one. Justice Suraju should go and sit down, PDP is dead in Bayelsa

JAMO84:
Two head is better than one. Justice Suraju should go and sit down, PDP is dead in Bayelsa

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.

AAA593:

Meaning what sir

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.

AAA593:

The tribunal judgment will not stand

AAA593:

The tribunal judgment will not stand

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

fergie001:

That's all...especially as the said Deputy even affirmed before the tribunal that he wasn't up to the required age-limit.

AAA593:

Are you serious?

AAA593:

APC no dey

ORIENTATION101:
court didnt order re-run.

Abouwaza:
Which one should we believe now

AAA593:

Before last election was APC qualified?

ORIENTATION101:
yes thats why they won the election.

The court can only stop APC from participating if it was rerun that was ordered.

AAA593:

Stop deceiving yourself

ORIENTATION101:

There is difference between

Re-run( continuation of existing Election)

Fresh Election ( all political parties start allover again)

fergie001:
ejimatic AAA593
iwaeda....please arrange it properly..so that it will proceed up.