THE Federal High Court in Abuja, on Monday, February 19, adjourned the suit seeking the disqualification of Bayelsa State Governor, Senator Douye Diri, and his Deputy, Mr. Lawrence Ewhrudjakpo, until March 18, this year for hearing.
The suit, listed as number 14 on the cause list, could not go on due to the volume of work before Justice Emeka Nwite; hence it was rescheduled March 18 for the hearing.
Justice Nwite had last year, fixed the date for the hearing after the suit less than nine days to the November 11 governorship election.
The Judge, on November 3, last year, granted the ex-parte motion moved by plaintiff’s Counsel, Mr. Ifeanyi Nwosu, seeking a leave to serve Diri and Ewhrudjakpo at the Government House in Yenagoa, the state capital, through courier service.
The suit, marked FHC/ABJ/CS/1448/23 and filed by Blessing Clement Azibanagbal, through , Nwosu, listed Diri, Ewhrudjakpo, the Peoples Democratic Party (PDP) and Independent National Electoral Commission (INEC) as 1st to 4th defendants, respectively.
The suit sought an order of mandatory injunction, directing INEC to remove the names of Diri and Ewhrudjakpo as PDP’s candidates in the November 11 poll; 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 and 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, sought a declaration that Ewhrudjakpo was also not qualified to be a running mate with Diri.
She prayed the court to declare that Ewhrudjakpo had multiple of names without any evidence to proof “that he is the same person,” urging the court to declare that the PDP had no candidate in the poll.
But the PDP, in a notice of preliminary objection, dated November 28 and filed November 30 through its lawyer, Mr. A.K. Ajibade (SAN), prayed the court to dismiss or strike out the suit for being statue-barred and for not disclosing reasonable cause of action against the defendants.
Giving five grounds, the PDP argued that Azibanagbal’s case was founded on pre-election matter and the time prescribed by the constitution to initiate such suit had elapsed.
It further argued that the court lacked jurisdiction to hear and determine a suit that was already statute-barred, adding: “This honourable court lacks jurisdiction to hear and determine a suit where and when the plaintiff’s suit failed to disclose cause of action and/or reasonable cause of action,” it said.
INEC had declared Diri winner of the November 11 election and he was sworn in on Wednesday, February 14 for a second term in office, having scored the highest votes to defeat other candidates, including his closest rival, Chief Timipre Sylva of the All Progressives Congress (APC), who has since challenged the outcome at the governorship election petition tribunal.
