What The Tribunal Will Likely Consider In The Bayelsa State Governorship Matter Tomorrow

1- Whether the matter is Statute barred?

INEC admitted in their response to the petition that the cause of action arose the certificate of return was issued to PDP. This is supported by the Supreme Court case of PDP v. Okoro and the recent Supreme Court case in Zamfara state when the Supreme Court held that the cause of action or time begins to run the day the certificate of return was issued to PDP by INEC after the Supreme Court voided the victory of APC and certificate of return was issued to PDP. ( This position is the same thing in Bayelsa state)

2 – Whether challenging the eligibility of the Deputy governor, Senator Lawrence Ewrudjakpo which automatically affect the eligibility of the Governor, Senator Douye Diri is a pre-election matter and the election petition tribunal cannot entertain it?

Section 138(1)(a) of the Electoral Act 2015 as Amended states that election may be questioned on any of the following grounds amongst others that the person whose election is questioned was, at the time of the election, not qualified to contest the election. This sub paragraph has made it clear legibility to contest is also a post election matter which the tribunal can entertain. This position is supported by the Supreme Court case of Suswan. Read the full detail here: https://m.thenigerianvoice.com/news/76384/tribunal-has-jurisdiction-to-hear-forgery-case-against-suswa.html.

It is therefore clear that the tribunal can question the eligibility of Lawrence Ewrudjakpo which inevitably affect Douye. Further on the issue of eligibility and the powers of the tribunal to question, Section 285(2) of the 1999 Constitution states that the state Governorship tribunal shall to the exclusion of any court or tribunal have original jurisdiction to hear and determine as to whether any person has been validly elected to the office of the governor or deputy governor or a a member of the legislative house.

3- Whether there was exclusion of ANDP during the Governorship election?

It is clear that ANDP sponsored candidate but was unlawfully excluded during the Governorship election by INEC. Section 31(1) of the Electoral Act provides that every political party shall not later than 60 days before the appointed for a general election under this provisions of this submitted to the Commission in the prescribed forms, the list of candidates the party proposes to sponsor at the elections, provided that the Commission shall not reject or disqualify candidates for any reason whatsoever.
This is the position of the court in Akpotus case. Read the full case.
https://www.thisdaylive.com/index.php/2019/11/08/inec-cant-disqualify-candidates-says-court/

4- Note that PDP in the court process which they filed against APC signed sworn on oath that there was no election in six (6) Local Government Area of Bayelsa State and that the election should be nullified. Note a person is bound by his own affidavit made on oath and this is the case of UPC at the tribunal wherein the certify true copies of the statement on oath of PDP including their witnesses which include Douye Diri and others.

What the tribunal will likely do in their judgement is provided for in Sections 140 and 141 of the Electoral Act which is supplied.

This brief is written by a lawyer who which to remain anonymous in order not to preempt the judgement of court.

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