ABOUT nine days to the Bayelsa State governorship election schedule for November 11, a fresh suit seeking the disqualification of Governor Douye Diri, and his Deputy, Lawrence Ewhrudjakpo, has commenced at the Federal High Court in Abuja.
The suit before Justice Emeka Nwite, is seeking 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 election.
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 election.
According to the News Agency of Nigeria (NAN), the suit, marked: FHC/ABJ/CS/1448/23 and filed by a Bayelsa woman, Blessing Clement Azibanagbal, through her lawyer, Ifeanyi Nwosu, further seeks a declaration that Ewhrudjakpo was not qualified to run as deputy governor under the PDP.
Azibanagbal, in the originating summons dated October 26 and filed on October 30, is seeking a declaration that Ewhrudjakpo was also not qualified to be Diri’s running mate.
Besides, the plaintiff is praying the court to declare that Ewhrudjakpo has multiple names without any evidence to proof “that he is the same person,” and 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, is seeking “a declaration that the 3rd defendant (PDP) does not have any qualified candidate to run for the governorship election in Bayelsa.”
Diri, Ewhrudjakpo, PDP and INEC are 1st to 4th defendants, respectively, in the matter
In the suit, Azibanagbal is asking 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 to INEC qualifies him to contest election as deputy governor of Bayelsa State.
“Considering issues 1 to 4 above, whether this court has jurisdiction to order the 4th defendant (INEC) to remove the names of 1st (Diri) and 2nd defendant (Ewhrudjakpo) as candidates in the election in Bayelsa State.”
In the affidavit in support of the originating summons deposed to by Yenle Istifanus, a litigation secretary with Compendium Chambers, the Counsel said she knew as a fact that Azibanagbal, who hails from Bayelsa State 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 election, 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, adding that 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, November 3.
The suit, which was the only matter in the day’s cause list, was heard at the Judge’s chamber.
It was, however, gathered that Justice Nwite granted the prayer and subsequently adjourned the matter until November 30 for hearing.
This came barely one week after the Court of Appeal, Abuja Division, reinstated the All Progressives Congress (APC) candidate in the election, Mr. Timipre Sylva, on the ballot, following an earlier judgement of the lower court that disqualified him on the account that he had taken the oath of office twice.
