The apex court in Nigeria on Tuesday, 9 March 2021 dismissed the appeal of Senator Henry Seriake Dickson against the decision of the Court of Appeal, Port Harcourt Division which ordered the Federal High Court to hear the suit seeking to disqualify the former Governor of Bayelsa State from contesting the Senatorial election having allegedly submitted false and forged documents to the Independent National Electoral Commission.
The suit which was filed by Dickson’s kinsman, Owoupele Eneoriekumoh with Independent National Electoral Commission, Peoples Democratic Party and Dickson Seriake as first, second and third respondents in suit no: FHC/YNG/72/2020 was dismissed by the trial court suo moto for want of jurisdiction having been allegedly filed out of time.
The Court of Appeal in disagreeing with Hon. Justice J. E. Inyang of the Federal High Court, Yenagoa, agrees with the Plaintiff’s counsel, E. A. Aluzu, Esq that the suit was filed within the stipulated time by law and reversed her decision of the trial court.
The penultimate court further ordered an accelerated hearing of the matter on merit.
Dissatisfied, the former Governor of Bayelsa state appealed to Supreme Court with Owoupele Eneoriekumoh, independent National Electoral Commission and Peoples Democratic Party as first, second and third respondents respectively in appeal no: SC/CV/54/2021.
Dickson’s lawyer F. N. Nwosu Esq had sought to abandon his notice of withdrawal and rely on his brief of argument arguing that he made a mistake in filing it but P. D. Pius Esq, counsel to the first respondent, countered him that he can not do that. That the appeal is deemed dismissed upon filing notice of withdrawal. The Supreme Court agreed with P. D. Pius Esq and dismissed the appeal.
In the same vein, the Supreme Court also dismissed the appeal filed by the Peoples Democratic Party in appeal number SC/CV55/2021 upon finding that their appeal is found incompetent.
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