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Since 1999, when the new Democratic governance came into being , there have been 3 different electoral acts in Nigeria. The provisions for disqualification of candidates for election in the 2002 electoral act were significantly altered by its successor.

While under the former, the power rested in the INEC , the latter completely removed the power from INEC and placed it in the courts. Despite the clear tenor of the new provision, INEC and its sympathizers have continued to hold the view, even in the face of a supreme court decision to the contrary, that the 2002 position has not changed.

The judgement of the supreme court on Bayelsa state election that has created a lot of divergent views and strong disagreement is far from over. The National chairman of the All Progressive congress, APC Adams Aliyu Oshiomhole, had warned that the supreme court judgement will not as the governor will not be inaugurated.

Though, Governor Douye Diri has been inaugurated as the New governor of Bayelsa state, the judgement that brought him in unexpectedly may be said to be strange and illegal to the constitution of the federal Republic of Nigeria.

Section 140(1) (2)(3) of the electoral act of 2010 updated reads:

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