Less than nine days to the Bayelsa
governorship election, a fresh suit seeking the disqualification of Governor
Douye Diri and his deputy, Lawrence Ewhrudjakpo, has commenced at a Federal
High Court (FHC), Abuja.
The suit, presently before
Justice Emeka Nwite, sought an order of mandatory injunction, directing the
Independent National Electoral Commission (INEC) to remove the names of Diri
and Ewhrudjakpo as PDP’s candidates in the Nov. 11 poll.
It also sought an order of
perpetual injunction restraining INEC, its agents, privies or whosoever called,
from further publishing their names as standard bearers for the party in the
forthcoming election in Bayelsa.
The suit, marked:
FHC/ABJ/CS/1448/23 and filed by a Bayelsan woman, Blessing Clement Azibanagbal,
through her lawyer, Ifeanyi Nsowu, further sought a declaration that
Ewhrudjakpo was not qualified to run as deputy governor under the PDP.
Azibanagbal, in the originating
summons dated Oct. 26 and filed on Oct. 30, sought a declaration that
Ewhrudjakpo was also not qualified to be a running mate with Diri.
Besides, she prayed the court to
declare that Ewhrudjakpo had multiple of names without any evidence to proof
“that he is the same person.”
She, therefore, urged the court
to declare that the PDP had no candidate in the poll.
The suit, which was brought under
Rule 3, Order 9 of the FHC Civil Procedure Rules, 2019, sought “a declaration
that the 3rd defendant (PDP) does not have any qualified candidate to run for
the governorship election in Bayelsa.”
Recall reports that Gov. Diri,
Ewhrudjakpo, PDP and INEC are 1st to 4th defendants respectively in the matter
Raising five issues for
determination, Azibanagbal asked whether a first school living certificate
holder can run for governorship election of a state in line with provision of
1999 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.
“Whether the 2nd defendant
(Ewhrudjakpo), submitting only his first school living 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 read.
In the affidavit in support of
the originating summons deposed to by Yenle Istifanus, a litigation secretary
with Compendium Chambers, the lawyer said she knew as a fact that Azibanagbal,
who hails from Bayelsa and as a good citizen of Nigeria, had the locus standi
(legal right) to institute the action.
She said though Diri and
Ewhrudjakpo submitted their Form EC9 in INEC which empowered them to contest in
the poll, Istifanus 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.
The lawyer, who averred that
failure to comply with the said qualification amounted to disqualification of the
said candidate, stated 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.”
“That I know 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,” she said.
She said it would be in the
interest of justice to grant the application as the defendants would not be
prejudiced.
Nwosu, in an ex-parte motion
seeking a leave to serve Diri and Ewhrudjakpo at the Government House in
Bayelsa, 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.
NAN, however, gathered that
Justice Nwite granted the prayer.
He subsequently adjourned the
matter until Nov. 30 for hearing.
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