Months after the Supreme Court proclaimed Duoye Diri as the governor of Bayelsa State, the state’s Election Tribunal has nullified the poll from which he emerged
The tribunal sitting also ordered another election be held within 90 days.
Over the weekend, the tribunal had affirmed Governor Duoye’s election after another political party in the state, Alliance For Democracy, claimed the deputy governor parades a forged NYSC certificate. The tribunal in dismissing the petition, stated that the petitioner failed to prove the allegations of forgery.
Two of the three-man pan panel of judges ruled in favour of the nullification while one ruled against the dismissal.
In a split judgment of two to one, the panel ruled that the election was unlawful due to the exclusion of the Action Nigeria Democratic Party (ADP) and its candidate, King George from the November 16, 2019 governorship election.
The Advanced Nigeria Democratic Party (ANDP) had filed a petition challenging the victory of Governor Diri in the November 19 governorship election. The party accused INEC of unlawfully excluding it’s candidate, King George, from the election.
In its defence, the Independent National Electoral Commission (INEC) said that the party’s Deputy Governorship candidate during the November 2019 governorship election in the state was 34 years old as at the time of nomination and therefore did not qualify to contest the election.
The ANDP however told the tribunal that its initial Deputy Governorship Candidate, David Esinkuma was duly substituted by the Party within the allowed time frame, following the notification from INEC that he’s under-age.
Justice Yunusa Musa who delivered the lead judgment in the petition, said that INEC has no power to disqualify any candidate and insists that the petition of the ANDP stands. Justice Musa pointed out that only a court has the power to disqualify any candidate for any election and that the petition from ANDP was filed within the 21 days which is the stipulated time for petitions to be filed.
He described INEC’s action to exclude the ANDP from the Bayelsa Governorship Election as an illegality.
He thereafter nullified the election of Governor Douye Diri and ordered INEC to carry out a fresh election within 90 days.
INEC is expected to include the ANDP in the forthcoming bye-election.
