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Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling - Politics (3) - Nairaland

Nairaland Forum / Nairaland / General / Politics / Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling (20970 Views)

Flood: Jonathan Now An IDP - Bayelsa Governor, Duoye Diri / President Buhari Receives Duoye Diri, Bayelsa Governor / Supreme Court Sacks David Lyon, Orders Diri Duoye To Be Sworn In (2) (3) (4)

(1) (2) (3) (4) (Reply) (Go Down)

Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by kikake: 4:33pm On Aug 17, 2020
NgeneUkwenu:
Waste Of Money and Exercise In Futility!

Facts;

1., Mr. Governor, You Are Not Party To The Case Decided At Tribunal, So Your Appeal Holds No Water.

2. INEC Did Not Call A Single Witness At The Tribunal Trial, Thereby Messing Up Their Case.

3. INEC May Not Even Appeal The Case.


Lyon Or Lion Get Ready To Reclaim Your Mandate!

APC Is Bayelsa, Bayelsa Is APC!

Argue with Nnamdi Cownu!



Kegs of Palm wine before any comment - as usual.
You are an agent of darkness.

Your Lyon or Lion can hardly write his name on paper.

Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by kcnwaigbo: 4:35pm On Aug 17, 2020
kahal29:
Ok...

In the meantime I thinks since the court has ordered a fresh election, sections 33 and 35 becomes valid. It clearly states the options available for APC.
He did not withdraw.He was disqualified
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by icedbreez(m): 4:38pm On Aug 17, 2020
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.

With new party primaries?
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by MajorOvakporaye(f): 4:38pm On Aug 17, 2020
Amotolongbo:
If another election is conducted, Do you think APC is legible to participate based on the ruling of the Supreme Court?
Definitely No!

APC was nullified from participating in the election based on the ineligibility of the running mate to the candidate. Even if INEC will organize another election, that ruling still stands cos no party will be allowed to make any substitution to the candidate or running mate already fielded.

The only solution for APC to win Bayelsa State is to sponsor a mushroom party candidate to win the election and then defect to APC afterwards. That may be practically impossible using a mushroom party to win.

In short, PDP still remains the party to beat cos there won’t be APC participating in the election.

The only time you have said something meaningful. One bottle of ogogoro for you.
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by na2016: 4:39pm On Aug 17, 2020
Amotolongbo:
If another election is conducted, Do you think APC is legible to participate based on the ruling of the Supreme Court?
Definitely No!

APC was nullified from participating in the election based on the ineligibility of the running mate to the candidate. Even if INEC will organize another election, that ruling still stands cos no party will be allowed to make any substitution to the candidate or running mate already fielded.

The only solution for APC to win Bayelsa State is to sponsor a mushroom party candidate to win the election and then defect to APC afterwards. That may be practically impossible using a mushroom party to win.

In short, PDP still remains the party to beat cos there won’t be APC participating in the election.

Your submission is not correct sir. APC has an option of asking the former Deputy Govenor Candidate to withdraw from the election and then they can fill another person. The law accepts this. I think this thing is just a manuevere to get APC into the government house in Bayelsa.

1 Like

Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by chrisifeanyi: 4:39pm On Aug 17, 2020
NgeneUkwenu:


This is just a like a bye election...There will be fresh nominations from parties....and if APC fields David Lyon, they will simply replace the deputy and participate in the election...

The court didn't say what you just posted....What the court says is that there Must Fresh Governorship Election...or are you saying APC will no longer participate in Elections in Bayelsa State again?

I know how painful it is for you to come to terms with the Judgement...But be rest assured APC as a party will not only fully participate but will also win the election....

The same scenario happened in Bauchi State not too long ago...and PDP just replaced their deputy governorship candidate then, and still participated...

So there is nothing you can do this time to stop APC...

Sorry!

You are politically myopic
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by Johnson5258: 4:45pm On Aug 17, 2020
Honestly, the only God father in Bayelsa is Dickson even GEJ supported APC is the last election, so how will the tribunal thing work?

BlowYourMind:
We know you will appeal but the APC wouldn't stop at anything to oust you.
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by Eriokanmi: 4:47pm On Aug 17, 2020
NgeneUkwenu:


This is just a like a bye election...There will be fresh nominations from parties....and if APC fields David Lyon, they will simply replace the deputy and participate in the election...

The court didn't say what you just posted....What the court says is that there Must Fresh Governorship Election...or are you saying APC will no longer participate in Elections in Bayelsa State again?

I know how painful it is for you to come to terms with the Judgement...But be rest assured APC as a party will not only fully participate but will also win the election....

The same scenario happened in Bauchi State not too long ago...and PDP just replaced their deputy governorship candidate then, and still participated...

So there is nothing you can do this time to stop APC...

Sorry!
which candidate kicked the bucket that would warrant a by-election in this context, this guy sef grin
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by BREYZ: 4:54pm On Aug 17, 2020
NgeneUkwenu:
Waste Of Money and Exercise In Futility!

Facts;

1., Mr. Governor, You Are Not Party To The Case Decided At Tribunal, So Your Appeal Holds No Water.

2. INEC Did Not Call A Single Witness At The Tribunal Trial, Thereby Messing Up Their Case.

3. INEC May Not Even Appeal The Case.


Lyon Or Lion Get Ready To Reclaim Your Mandate!

APC Is Bayelsa, Bayelsa Is APC!

Argue with Nnamdi Cownu!

IF HE IS NOT A PARTY TO THE CASE, WHY THEN DID THE JUDGMENT AFFECT HIS TENURE AS A GOVERNOR? STOP REASONING THROUGH YOUR ANUS BRO.
HE CAN APPEAL THE JUDGMENT AND I KNOW HE WILL BE VICTORIOUS
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by Nobody: 5:03pm On Aug 17, 2020
BAYELSA ALWAYS IN NEWS FOR THE WRONG REASONS.
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by Kissiemu(m): 5:09pm On Aug 17, 2020
Skymason20:
my problem with Nigerians, is dey now see everything as joke, that is why politicians will do anything and get away with it.. citizens of the state has chosen to watch politics like big brother 9ja show ....
Who are the Nigerians n who are the politician?
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by babajero(m): 5:19pm On Aug 17, 2020
NgeneUkwenu:
Waste Of Money and Exercise In Futility!

Facts;

1., Mr. Governor, You Are Not Party To The Case Decided At Tribunal, So Your Appeal Holds No Water.

2. INEC Did Not Call A Single Witness At The Tribunal Trial, Thereby Messing Up Their Case.

3. INEC May Not Even Appeal The Case.


Lyon Or Lion Get Ready To Reclaim Your Mandate!

APC Is Bayelsa, Bayelsa Is APC!

Argue with Nnamdi Cownu!
And you think apc will be among the ballots? after been removed already, or is your mind telling you they will allow them submit another name than the one already submitted?.
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by DAILIES(m): 5:24pm On Aug 17, 2020
But the electoral law is clear on this, UNLESS you have a very strong contrary evidence.
Best of luck anyway.
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by Hoelujohn: 5:31pm On Aug 17, 2020
Amotolongbo:
If another election is conducted, Do you think APC is legible to participate based on the ruling of the Supreme Court?
Definitely No!

APC was nullified from participating in the election based on the ineligibility of the running mate to the candidate. Even if INEC will organize another election, that ruling still stands cos no party will be allowed to make any substitution to the candidate or running mate already fielded.

The only solution for APC to win Bayelsa State is to sponsor a mushroom party candidate to win the election and then defect to APC afterwards. That may be practically impossible using a mushroom party to win.

In short, PDP still remains the party to beat cos there won’t be APC participating in the election.
Mumu. Election never took place in the first instance
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by Hoelujohn: 5:32pm On Aug 17, 2020
babajero:
And you think apc will be among the ballots? after been removed already, or is your mind telling you they will allow them submit another name than the one already submitted?.
Are you reading upside down? They have nullified the whole process. So nothing has happened in the eye of the law

1 Like

Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by jacoik(m): 5:52pm On Aug 17, 2020
Amotolongbo:
If another election is conducted, Do you think APC is legible to participate based on the ruling of the Supreme Court?
Definitely No!

APC was nullified from participating in the election based on the ineligibility of the running mate to the candidate. Even if INEC will organize another election, that ruling still stands cos no party will be allowed to make any substitution to the candidate or running mate already fielded.

The only solution for APC to win Bayelsa State is to sponsor a mushroom party candidate to win the election and then defect to APC afterwards. That may be practically impossible using a mushroom party to win.

In short, PDP still remains the party to beat cos there won’t be APC participating in the election.
your brain get too much oil. can you meet me at wazobia today by 7 pm some bottles
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by rolams(m): 5:53pm On Aug 17, 2020
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.

APC won't participate because of nullification. Will tribunal judgement overrule the supreme court's judgement? NO
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by Rexology: 5:54pm On Aug 17, 2020
This judgment will not stand, reasons are:

1. Being a pre election matter,the Tribunal, in my opinion has no jurisdiction to hear the suit.

2.The party submitted an under-age running mate 2 times,to which INEC duely notified them to make a substitution, but for reasons best known to them refused, therefore, the party was disqualified.

3. There is already a Supreme Court Precedence on the implications of fielding an unqualified running mate.

My OPINION
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by spiralwedge(m): 5:59pm On Aug 17, 2020
Amotolongbo:
If another election is conducted, Do you think APC is legible to participate based on the ruling of the Supreme Court?
Definitely No!

APC was nullified from participating in the election based on the ineligibility of the running mate to the candidate. Even if INEC will organize another election, that ruling still stands cos no party will be allowed to make any substitution to the candidate or running mate already fielded.

The only solution for APC to win Bayelsa State is to sponsor a mushroom party candidate to win the election and then defect to APC afterwards. That may be practically impossible using a mushroom party to win.

In short, PDP still remains the party to beat cos there won’t be APC participating in the election.

Your eyes go soon clear
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by AAA593: 6:17pm On Aug 17, 2020
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.
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by Kingzeez10: 6:20pm On Aug 17, 2020
Amotolongbo:
Im sorry, you don’t really understand what is going on
You're the one that doesn't understand what is going on, same thing happened in Bauchi and PDP replaced their deputy too.
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by engineerboat(m): 6:29pm On Aug 17, 2020
na2016:


Your submission is not correct sir. APC has an option of asking the former Deputy Govenor Candidate to withdraw from the election and then they can fill another person. The law accepts this. I think this thing is just a manuevere to get APC into the government house in Bayelsa.

he has been disqualified already.

He is no more qualified, hence he cannot withdraw anything again
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by babajero(m): 6:48pm On Aug 17, 2020
Hoelujohn:

Are you reading upside down? They have nullified the whole process. So nothing has happened in the eye of the law
Mr man nothing happened in terms of the election, not candidates, no party can change their candidate. the candidates Inec approved are the ones going to context and apc candidates has been disqualified already by the highest court in the land.
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by na2016: 6:58pm On Aug 17, 2020
engineerboat:


he has been disqualified already.

He is no more qualified, hence he cannot withdraw anything again

When tribunal has said fresh elections and not a rerun?
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by AAA593: 7:09pm On Aug 17, 2020
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.
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by SweetestIfy279: 8:26pm On Aug 17, 2020
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by UfanMd: 9:18pm On Aug 17, 2020
Amotolongbo:
If another election is conducted, Do you think APC is legible to participate based on the ruling of the Supreme Court?
Definitely No!

APC was nullified from participating in the election based on the ineligibility of the running mate to the candidate. Even if INEC will organize another election, that ruling still stands cos no party will be allowed to make any substitution to the candidate or running mate already fielded.

The only solution for APC to win Bayelsa State is to sponsor a mushroom party candidate to win the election and then defect to APC afterwards. That may be practically impossible using a mushroom party to win.

In short, PDP still remains the party to beat cos there won’t be APC participating in the election.
A learned man has spoken, that's nothing but the truth. De best commentator so far
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by fof1: 10:05pm On Aug 17, 2020
NgeneUkwenu:
Waste Of Money and Exercise In Futility!

Facts;

1., Mr. Governor, You Are Not Party To The Case Decided At Tribunal, So Your Appeal Holds No Water.

2. INEC Did Not Call A Single Witness At The Tribunal Trial, Thereby Messing Up Their Case.

3. INEC May Not Even Appeal The Case.


Lyon Or Lion Get Ready To Reclaim Your Mandate!

APC Is Bayelsa, Bayelsa Is APC!

Argue with Nnamdi Cownu!



YOU ARE GROOSLY IGNORANT AND SURPRISINGLY TRYING STEAL IN FROM D BACKDOOR. APC CAN NOT EVEN CLAIM ANY MANDATE WITH THEIR EYES OPEN, DISQUALIFIED FROM SC.THEY CANT EVEN COME BACK... THE SUPERIOR COURTS WILL RIDICLE THOSE MAJORITY JUSTICES, WATCH OUT.
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by ikabasa1(m): 10:52pm On Aug 17, 2020
APC can't participate in the election bros. They never fulfilled the in First place.
kahal29:
Ok...

In the meantime I thinks since the court has ordered a fresh election, sections 33 and 35 becomes valid. It clearly states the options available for APC.
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by Johnnyessence(m): 11:24pm On Aug 17, 2020
ledaman:
APC candidate was sacked because of the running mate of Lyon. He wasn't disqualified as it stand The apex court can't deprived Lyon because another running mate would be chosen bro!
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

1 Like

Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by AAA593: 6:54am On Aug 18, 2020
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
Re: Duoye Diri: I've Instructed My Lawyers To Appeal Tribunal Ruling by AAA593: 7:01am On Aug 18, 2020
Appeal Court dismisses suits seeking to nullify Bayelsa, Kogi gov elections

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6'


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.

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6'


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.

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6'


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.

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6'


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

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