Updated: Governor Diri Heads To Appeal Court As Tribunal Annuls His Election

'Dotun Akintomide
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From Joseph Obukata (The New Diplomat’s N’Delta Correspondent)

Bayelsa State Governor, Senator Douye Diri, has said he asked his lawyers to file appeal papers against Monday’s ruling of the state’s election petition tribunal sitting in Abuja, which annulled his election and ordered a fresh election in the state.

Governor Diri, who spoke shortly after the tribunal ruled that the Independent National Electoral Commission (INEC) wrongly excluded the Advanced Nigeria Democratic Party (ANDP) governorship candidate from the November 16, 2019 election, said he has implicit confidence in the judiciary that he would triumph in the end.

Acting Chief Press Secretary to the Governor, Daniel Alabrah, quoted the governor as saying: “We trust in the judiciary and we are appealing the judgement. With God on our side, we will get justice.

“This is a court of first instance and I have instructed our lawyers to file an appeal. We have a right of appeal even up to the Supreme Court.”

The governor asked members of the Peoples Democratic Party (PDP) and his supporters not to panic. He also called on them to avoid any break down of law and order in the state.

The New Diplomat had reported that Bayelsa Gubernatorial Petition Tribunal nullified the election that produced Governor Diri of Bayelsa State, sequel to a petition by ANDP and its candidate, King George which argued that it was unlawfully excluded from participating in the election.

The tribunal which upheld the prayers of the petitioner, in a majority judgment, ordered a bye-election within 90 day and also ordered the INEC to include ANDP and its candidate in the bye-election to be conducted.

ANDP had in a petition it lodged before the tribunal, contended that it was unlawfully excluded from participating in the election by the Independent National Electoral Commission, INEC, despite the fact that it fulfilled all the statutory requirements.

Justices Owei Woniwei and Yunusa Musa, in their majority judgement, agreed that INEC illegally excluded ANDP and its governorship candidate, King George, from the election.

However, the Chairman of the three-member panel, Justice Ibrahim Sirajo, in his lone-decision said there was evidence that ANDP was disqualified from the election for fielding an ineligible candidate.

Sirajo noted that the party nominated an underaged deputy governorship candidate, who admitted that he was 34 years old, instead of the 35 years age bracket the Constitution stipulated.

The majority ruling on Monday is coming two days after the tribunal had on Saturday struck out a petition submitted to it by the Alliance for Democracy, against the Governor, affirming the election of Diri as Bayelsa Governor.

Recall Diri, candidate of the Peoples Democratic Party (PDP) in the last guber poll in Bayelsa, was sworn in as governor after the supreme court had sacked Mr. David Lyon of the All Progressives Congress as governor-elect less than 24 hours to his inauguration.

Despite Lyon’s landslide victory in the election, in a judgement that sent shock down the bone marrows, the Supreme Court sacked Lyon on the ground that his deputy, Degi-Eremienyo allegedly forged his certificates.

However, the Monday’s court ruling that sacked Diri as governor, following the nullification of his election may have opened up a fresh round of political contest among parties and candidates that participated in the 2019 guber election in Bayelsa, pending Diri’s appeal.

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