By Ken Afor
Barely nine days to the Bayelsa State governorship election, the camp of the incumbent governor, Douye Diri who is seeking a re-election in the November 11 poll is unsettled as the Federal High Court in Abuja on Friday heard a suit seeking the disqualification of the governor and his deputy, Lawrence Ewhrudjakpo.
According to reports, the suit presented before Justice Emeka Nwite, was an order of mandatory injunction, directing the Independent National Electoral Commission (INEC) to exclude the names of Governor Diri and Ewhrudjakpo as PDP’s candidates ahead of the November 11 poll.
The suit marked FHC/ABJ/CS/1448/23 and filed by a Bayelsa woman, Blessing Clement Azibanagbal, through her lawyer, Ifeanyi Nsowu, sought a perpetual injunction restraining INEC, its agents, privies or whosoever called, from further publishing their names as candidates of the Peoples Democratic Party (PDP) in the forthcoming election in Bayelsa.
The suit prayed the court to declare that Ewhrudjakpo was not qualified to run as deputy governor on the platform of the PDP.
The petitioner, Azibanagbal, in the originating summons dated October 26 and filed on October 30, sought a declaration that Ewhrudjakpo was also not qualified to be Diri’s running mate.
Additionally, Azibanagbal is requesting the court to declare that Ewhrudjakpo had multiple names without any evidence to prove “that he is the same person.”
Therefore, she asked the court to declare that the PDP had no candidate in the poll.
The suit, instituted 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.”
Governor Diri, Ewhrudjakpo, PDP and INEC are 1st to 4th defendants respectively in the matter.
Details revealed that the petitioner raised five contending issues to support her claim.
Azibanagbal asked whether a First School Leaving Certificate (FSLC) holder primary school graduate can run for governorship election of a state in line with provisions of the 1999 Constitution.
The petitioner further sought to know “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 grounds 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 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.”
To support the suit filed by Azibanagbal, meanwhile, a litigant, Yenle Istifanus, secretary with Compendium Chambers, 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 argued that although Diri and Ewhrudjakpo submitted their Form EC9 with INEC which constitutionally empowered them to contest in the poll, Istifanus said the process must be in accordance with the provision of the law for qualifications for a person to run for the office of a governor and deputy governor of a state.
According to her, failure to comply with the said qualification would amount to disqualification of the said candidate.
She, however, confirmed 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.
Going by the arguments, Justice 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 matter was adjourned until November 30 for hearing.
