…Following Tribunal’s nullification of Bayelsa governorship election, and ordering fresh election***

The Independent National Electoral Commission (INEC) says it may respond to some of the issues raised by the Bayelsa State Governorship Election Petition Tribunal when it is availed of the full judgment of the case.

The  INEC National Commissioner and Chairman, Information and Voter Education Committee, Mr Festus Okoye, stated this in an interview on Monday in Abuja, while reacting to the nullification of the state’s governorship election which produced Duoye Diri.

Okoye, however, noted that the Advanced Nigeria Democratic Party (ANDP) nomination for the election was invalid while the party did not exercise its right guaranteed in the Fourth Alteration to the constitution by filing its suit within 14 days of the accrual of the said right.

Okoye recalled that the ANDP was one of the political parties that signified its intention to contest the Nov. 16, 2019 Bayelsa governorship election.

He said that the party conducted party primaries and submitted the name of one Peter  David as its Deputy Governorship candidate.

“As at the time of the submission of the name of the said candidate, he was 34 years-old, contrary to Section 177(b) of the constitution that makes it mandatory for a candidate for such office to attain the age of 35 years to be eligible to contest the election.

“In the candidate’s statutory declaration of age and affidavit attached to his form, the party stated that he was born on  Feb. 10, 1985.

“On Sept. 13, 2019, the commission wrote to the party drawing their attention to the constitutional age requirement 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  Nov. 16, 2019 governorship election in Bayelsa State,” he said.

Okoye also recalled that on Sept. 21, 2019 and in response to the letter of the commission dated  Sept. 13, 2019, the ANDP wrote the commission acknowledging the invalidity of it nomination and forwarding the name of one Miss Inowei Janeth as their new Deputy Governorship candidate.

Also read:  INEC fixes all pending by-elections for Oct. 31

“On Sept. 27,  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 May 16, 2019 was  Sept. 9, 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.

“It is pertinent to note that the party did not exercise its right guaranteed in the Fourth Alteration to the constitution by filing its suit within 14 days of the accrual of the said right as the issues canvassed are pre-election issues.

“The commission may respond to some of the issues raised in the judgment of the tribunal when we are availed of the full judgement and the reasons for the judgement,” Okoye said.

The Bayelsa State Governorship Election Petition Tribunal sitting in Abuja had on Monday nullified the election of  Diri.

The Justice Ibrahim Sirajo-led panel voided the outcome of the gubernatorial election that held in the state on Nov. 16, 2019, over the exclusion of ANDP in the exercise.

ANDP had in a petition it lodged before the tribunal contended that it was unlawfully excluded from participating in the election by INEC in spite of the fact that it fulfilled all the statutory requirements.

The tribunal said it found merit in the petition and consequently nullified the election and ordered INEC to conduct a bye-election in the state within 90 days.

It would be recalled that the Bayelsa Governorship Election Petition Tribunal sitting in Abuja has nullified the election of Bayelsa  Governor, Mr Duoye Diri and ordered the Independent National Electoral Commission, (INEC) to conduct fresh elections within 90 days.

The Advanced National Democratic Party, (ANDP) had filed a petition asking the Tribunal to cancel the election on the grounds that the party was unlawfully excluded from the Nov.16, 2019 governorship election in Bayelsa.

Delivering the lead judgment on Monday, Justice Yunusa Musa, held that the ANDP was unlawfully excluded from the election.

Justice Sikiru Owodunni, another member of the three-man panel of justices also agreed with ANDP.

However, the Chairman of the Tribunal, Justice Mohammad Ibrahim – Sirajo in a dissenting judgment held that the petition of ANDP lacked merit and dismissed it. Justice Sirajo in his minority judgement held that the tribunal lacked the jurisdiction to entertain the petition.

He also maintained  that since the ANDP was disqualified before the election on account of fielding an underaged governorship candidate, the case of the petitioner was a pre-election mater and should be handled by a regular court.

Justice Sirajo further held that the ANDP’s candidate could not have been properly nominated for the Nov.16, 2019 governorship election because the electoral body had disqualified the candidate via a letter  dated Sept. 21,   2019.

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 stipulated by the 1999 Constitution.

Speaking to newsmen, Mr Chris Uche, (SAN) counsel to Gov. Duoye Diri said that his client had instructed him to petition the judgment immediately.

In a related development, the tribunal also dismissed a petition filed by Accord Party challenging the election of the Deputy Governor of Bayelsa, Mr Lawrence Ewhrujakpo on the grounds of false certificate.

Counsel to the deputy governor, Mr Chukwuma Machukwu-Ume told newsmen that he was thankful to the tribunal for clearing his client’s name.

The tribunal had on Aug. 15 enterainined three petitions against the Bayelsa governor and dismissed all.