Court Reverses Disqualification Of Bayelsa Deputy Governor-Elect

The Court of Appeal has set aside the judgement of Justice Inyang Ekwo of the Federal High Court which disqualified Senator Biobarakuma Degi-Eremienyo as deputy governorship candidate of the All Progressives Congress (APC) in the just concluded Bayelsa Governorship election.

In his ruling on Monday, a three-man panel chaired by Justice Stephen Adah held that the High Court erred in law and in breach of the appellant’s right to a fair hearing.

According to him, the case which was brought under Section 36 of the Electoral Act is criminal in nature and the respondents in the case ought to prove beyond reasonable doubt that Senator Degi-Eremienyo gave false information in his form C001 submitted to the Independent National Electoral Commission (INEC) as part of his qualifications to contest the election.

The Appellant Court held that more so the lawmaker submitted an affidavit sworn to court to prove that the names Adeyi-Eremienyo on his school-leaving certificate is one and the same as Degi-Eremienyo on his GCE certificate and newspaper cuttings announcing to the whole world a change in name and same was not challenged by the respondents in the lower court as such the findings of the lower court are erroneous.

The trial judge concluded by saying that “I agree with the appellant that the owner of the school leaving certificate and the GCE certificate are one and the same and I therefore set aside the judgment of the court below.”

The High Court in Abuja had on November 12 disqualified Degi-Eremienyo over false information in his CF0001 form submitted to the Independent National Electoral Commission (INEC) to vie for the November 16 poll.

According to Justice Inyang Ekwo while delivering the judgement, he found no nexus in the name on his school leaving certificate, first degree (BA), Masters and the affidavits he swore to the correct his name.

The WHISTLER recalls that trouble started for the APC when the Peoples Democratic Party (PDP) sued the party governorship candidate, David Lyon, Degi-Eremienyo and INEC, seeking the disqualification of Degi-Eremienyo.

The court granted the prayers as canvassed.

The Bayelsa governorship poll, which was conducted on November 16 saw the emergence of Lyon and Degi-Eremienyo as Governor-elect and Deputy Governor-elect respectively.