The Court of Appeal sitting in Abuja, on Friday, set aside the nullification of the November 16 governorship election that produced Duoye Diri as Bayelsa State governor.
In a unanimous judgment by the five-member panel delivered by Justice Obande Ogbunya, the appellate court held that the majority judgment of the Bayelsa State Governorship Election Petition Tribunal erred in law when it held that the petition of the Advanced Nigerian Democratic Party (ANDP) was not statute-barred.
The tribunal had in a two-to-one judgment in August annulled the November 16, 2019 Governorship Election in Bayelsa State on the grounds that the petitioner (ANDP) was excluded from the poll.
The tribunal consequently ordered the Independent National Electoral Commission (INEC) to conduct a fresh election that will include the ANDP and its governorship candidate within 90 days.
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However, Diri had approached the appellate court to set aside the majority judgment, arguing that the majority judgment was flawed.
Delivering judgment in the appeal on Friday, the appellate court held that there was enough evidence to show that the case of the first respondent (ANDP) was statute-barred, having not filed within 14 days as prescribed by law.
Ogbunya in the judgment agreed with the appellant that the case of the ANDP was a pre-election matter which ought to be filed within 14 days but was lodged five months after the cause of event.
In another ground of appeal, Justice Ogbunya also agreed with the appellant that INEC was right in excluding the ANDP from the November 16 governorship poll on grounds of disqualification of the ANDP’s deputy governorship candidate, who was said to be underage at the time of the election.
Overall, Justice Ogbunya held that the case of the appellant has merit and went ahead to set aside the majority judgment of the tribunal that annulled the November 16 governorship poll.
The Court of Appeal in addition affirmed the election of Diri as governor of Bayelsa State.
