Court Upholds Douye Diri’s Candidacy In Bayelsa Election Disqualification Suit

Court Upholds Douye Diri’s Candidacy In Bayelsa Election Disqualification Suit

The Federal High Court in Abuja has dismissed a case aiming to disqualify Governor Douye Diri of Bayelsa State and his deputy, Lawrence Ewhrudjakpo. Justice Emeka Nwite ruled that the case lacked substance due to insufficient evidence supporting allegations of certificate forgery against Ewhrudjakpo.

Additionally, Justice Nwite ordered the plaintiff to pay a fine of ₦500,000 to the Peoples Democratic Party (PDP), the third defendant in the case.

The lawsuit, initiated by Bayelsa resident Mrs. Blessing Clement Azibanagbal just nine days before the November 11, 2023, Bayelsa governorship election, was filed by Mrs. Azibanagbal’s lawyer, Ifeanyi Nsowu.

In the affidavit supporting the originating summons, Yenle Istifanus, a litigation secretary at Compendium Chambers, affirmed that Azibanagbal, as a Nigerian citizen from Bayelsa, had the legal right (locus standi) to initiate the legal action.

The originating summons, dated October 26, 2023, and filed on October 30, 2023, listed Diri, Ewhrudjakpo, the Peoples Democratic Party (PDP), and the Independent National Electoral Commission (INEC) as the first to fourth defendants.

The lawsuit sought a mandatory injunction instructing INEC to remove the names of Diri and Ewhrudjakpo as PDP candidates in the November election. It also sought a perpetual injunction preventing INEC, its agents, privies, or anyone else from publishing their names as party standard bearers in the forthcoming election in Bayelsa.

In response, Diri and his deputy submitted their counter affidavit to contest the application.

Delivering the judgment on Monday, Justice Nwite noted that the plaintiff’s amended originating summons included various documents, such as Exhibits I, containing a deed poll for the correct arrangement of Ewhrudjakpo’s name.

The judge stated, “Fair enough, it is the documents exhibited by the plaintiff to prove her case that the 2nd defendant (Ewhrudjakpo)’s certificates have different names. Hence, he is not qualified on the ground of presentation of false information.

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