The Bayelsa Governorship Election Tribunal has dismissed the election which led to the emergence of the state governor, Douye Diri and ordered the Independent National Election Commission (INEC) within 90 days.
The verdict follows the petition by the Advanced Nigeria Democratic Party (ANDP) challenging the victory of Governor Diri in the November 19 governorship election and claiming that the party was unlawfully excluded from the election.
However, the INEC, in its argument said that the party’s deputy governorship candidate was 34 years old at the time of nomination and, therefore, did not qualify to contest for the election.
ANDP told Justice Yunusa Musa who is delivering the lead judgment that its initial deputy governorship candidate, David Esinkuma, was duly substituted by the party within the allowed time frame, following the notification from INEC that he was under-aged.
In his response, Justice Musa said the INEC has no power to disqualify any candidate and insisted that the petition of the ANDP stands.
He also added that only a court could disqualify any candidate for any election and that the petition was filed within 21 days, the stipulated time for petitions to be filed.
The justice described the action of INEC to exclude the ANDP from the Bayelsa governorship election as an “illegality” and, on that ground, nullified the election of Diri and ordered the INEC to conduct a fresh election in Bayelsa State within the next 90 days; this time, with the ANDP on the ballot paper.
In his judgement, the chairman of the tribunal, Justice Muhammad Sirajo, dismissed the petition on technical grounds.
