A new legal action seeking the disqualification of Governor Douye Diri and Deputy Governor Lawrence Ewhrudjakpo has been brought before the Federal High Court in Abuja, just nine days before the Bayelsa governorship election. The suit, presented to Justice Emeka Nwite, demands that the Independent National Electoral Commission (INEC) remove the names of Diri and Ewhrudjakpo as candidates for the People’s Democratic Party (PDP) in the forthcoming poll.
The suit also calls for an injunction preventing INEC from further publishing their names as the party’s standard bearers. Filed by Bayelsan woman Blessing Clement Azibanagbal and her lawyer, Ifeanyi Nsowu, the suit argues that Ewhrudjakpo is not qualified to run as the PDP’s deputy governor and questions his eligibility as Diri’s running mate.
Azibanagbal further contends that Ewhrudjakpo has multiple names with no evidence to prove that he is the same person. As a result, she argues that the PDP has no valid candidate for the election. The suit has been brought under Rule 3, Order 9 of the FHC Civil Procedure Rules, 2019, and names Governor Diri, Deputy Governor Ewhrudjakpo, the PDP, and INEC as the defendants in the case.
The originating summons, dated October 26 and filed on October 30, raises five issues for determination. One of these is whether a candidate with only a First School Leaving Certificate can run for the governorship election of a state, in accordance with the provisions of the 1999 Constitution.
Furthermore, the suit challenges whether the failure of Governor Diri and the PDP to present a qualified candidate for the governorship can be a ground for disqualifying both candidates. It also questions whether a candidate with multiple names, without any evidence to support them, can contest a state governorship election.
Finally, the suit asks whether Deputy Governor Ewhrudjakpo’s submission of only his First School Leaving Certificate in his Form EC9, submitted to INEC, qualifies him to run for the position of deputy governor of Bayelsa State. Taking all of these issues into account, the suit seeks a court order for INEC to remove the names of Governor Diri and Deputy Governor Ewhrudjakpo as candidates in the upcoming governorship election in Bayelsa State.
In an affidavit supporting the originating summons, deposed to by Yenle Istifanus, a litigation secretary with Compendium Chambers, it is stated that Azibanagbal, as a citizen of Bayelsa and Nigeria, has the legal right to bring the action. The lawyer argues that although Diri and Ewhrudjakpo submitted their Form EC9 to INEC, enabling them to participate in the election, this must comply with the constitutional requirements for qualification as a governor or deputy governor of a state.
The lawyer further asserts that a failure to meet these qualifications would result in disqualification. In the case of Ewhrudjakpo, the documents submitted “bear different names with no substantial evidence to substantiate that he is the same person.” Therefore, according to the affidavit, Ewhrudjakpo is not qualified to run as deputy governor.
The lawyer concludes by stating that granting the application would serve the interests of justice and that the defendants would not be prejudiced. In the proceedings, Mr. Nsowu requested permission to serve Governor Diri and Deputy Governor Ewhrudjakpo at the Government House in Bayelsa via courier service.
Although the suit was the only matter on the Friday cause list, it was heard in the judge’s chamber. Reports indicate that Justice Nwite granted the prayer and subsequently adjourned the case until November 30 for a hearing.
Sources: NAN
