Bayelsa State Governorship Poll: Fresh suit seeks sack of Governor Diri, Deputy to contest
A fresh suit seeking the disqualification of Governor Douye Diri and his Deputy, Lawrence Ewhrudjakpo, has commenced at a Federal High Court (FHC), Abuja, ahead of the Governorship election scheduled to hold November 11,2023 in Balyesa State
Penpushing reports that the suit refence number FHC/ABJ/CS/1448/23 was filed by a Bayelsa woman, Blessing Azibanagbal, through her lawyer, Ifeanyi Nsowu, seeking an order of mandatory injunction directing the Independent National Electoral Commission (INEC) to remove the names of Messrs Diri and Ewhrudjakpo as Peoples Democratic Party (PDP) candidates.
The woman in same vein sought an order of perpetual injunction restraining the electoral commission, its agents, privies or whosoever called, from further publishing the names of Diri and , Ewhrudjakpo, as standard bearers for the party in the forthcoming election in the state.
Penpushing further reports that the Azibanagbal, in the originating summons filed on 30 October, 202 equally sought a declaration that Ewhrudjakpo was not qualified to run as Deputy Governor under the Peoples Democratic Party (PDP).
The woman prayed the court to declare that Ewhrudjakpo had multiple names without any evidence to prove that he is the same person, and therefore, urged the court to declare that the Peoples Democratic Party (PDP) had no candidate in the poll.
Penpushing also reports that the suit, was brought under Rule 3, Order 9 of the FHC Civil Procedure Rules, 2019, sought a declaration that the 3rd defendant (Peoples Democratic Party) does not have any qualified candidate to run for the Governorship election in Bayelsa State
The plaintiff raising five issues for determination asked whether a First School Leaving Certificate Holder can run for the Governorship election of a state in line with the provision of the Nigerian constitution
‘Whether the failure of the 1st (Diri); and 3rd defendants (PDP) to provide a candidate that has the qualification to run for the governorship of a state can be a ground to disqualify both candidates. Whether a candidate with multiple names without any evidence to substantiate the names can contest for governorship election in a state’, the affidavit reads
‘Whether the 2nd defendant (Ewhrudjakpo), submitting only his first school leaving certificate in his Form EC9 submitted with INEC qualifies him to contest election as deputy governor of Bayelsa State. Considering issues 1 to 4 above, whether this honourable court has jurisdiction to order the 4th defendant to remove the names of 1st and 2nd defendants as candidates in the forthcoming governorship election in Bayelsa State’, it added
Penpushing reports that the counsel in the affidavit in support of the originating summons deposed to by Yenle Istifanus, a litigation secretary with Compendium Chambers said she knew as a fact that Azibanagbal, who hails from Bayelsa State and is a Nigerian citizen, had the legal right to institute the action.
The lawyer noted that Messrs Diri and Ewhrudjakpo submitted their Form EC9 to electoral commission which empowered them to contest in the poll, the deponent said this must be strictly in line with a constitutional provision for qualifications for a person to run for the office of a Governor and Deputy Governor of a State.
Penpushing further reports that she averred that failure to comply with the said qualification amounted to disqualification of the said candidate, argued that all the documents submitted by Ewhrudjakpo bear different names with no substantial evidence to substantiate that he is the same person in the said documents.
The legal practitioner said it would be in the interest of justice to grant the application as the defendants would not be prejudiced, emphasisng that she as a fact that failure of the 2nd defendant to produce documents that bear the same names disqualifies him to contest as a Deputy Governor of a State
Penpushing also reports that the plaintiff’s lawyer, Ifeanyi Nwosu, in an ex-parte motion seeking a leave to serve Messrs Diri and Ewhrudjakpo at the Government House in Bayelsa State, through courier service, moved the application on Friday.
The suit, which was the only matter in the Friday’s cause list, was heard at the judge’s chamber, which sources disclosed that Justice Emeka Nwite, granted the prayer, and subsequently adjourned the matter for a hearing.
Penpushing reports that Governor Diri, Ewhrudjakpo, Peoples Democratic Party(PDP) and Independent National Electoral Commission(INEC) are 1st to 4th defendants respectively in the matter.
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