Bayelsa Poll: YDP Has No Valid Candidates, Court Declares

Justice Okon Abang of the Federal High Court in Abuja on Thursday upheld the decision of the Independent National Electoral Commission (INEC) to the effect that the Young Democratic Party (YDP) has no valid candidates for the November 16 governorship election in Bayelsa State.

Justice Abang agreed with INEC that Mr. Omeih Ayebanoa, who was nominated as the running mate to the party's governorship candidate, Mr. Sunny Agadabin, did not meet the statutory age requirement for the said office.

Meanwhile, a group, the Bayelsa Coalition For Good Governance and Accountability, has demanded the immediate arraignment and prosecution of the candidate of the Peoples Democratic Party (PDP), Senator Douye Diri, over alleged non declaration of assets by the Code of Conduct Bureau (CCB).

 

The group, which threatened legal action against the Bureau if it fails to prosecute the governorship candidate, alleged that Diri failed to declare his assets while he held sway as the Chief of Staff to the state Governor, Seriake Dickson.

Justice Abang in a judgment delivered last Tuesday held that Ayebanoa, who declared in his INEC Form CF 001 that he was 34 years old, did not meet the statutory age requirement of 35 years as prescribed by sections 177 (b) and 187 (2) of the constitution to run for the office of the deputy governor.

The court further held that the purported substitution of candidates made by party was invalid as it was done outside the September 9 dateline provided by the electoral body.

The party had in a suit dated September 26 dragged the INEC before the court challenging the rejection of its candidates for the November 16 governorship election in Bayelsa State.

It prayed the court to among others, declare that INEC is not entitled and empowered under the law to reject or disqualify any candidate nominated by a political party for election.

But in a counter affidavit filed by its  counsel, Alhassan Umar (SAN),  INEC argued that it did not disqualify the candidates of the plaintiff but rather drew the party's attention to the fact that it's running mate, Ayebanoa, did not meet the statutory age requirement of 35 years to run for the office of the deputy governor.

Specifically, INEC stated that going by the personal particulars contained in Form CF001 submitted to the Commission, Mr. Omeih Ikoli Ayebanoa, who declared that he was 34 years did not qualify to contest for the office of the deputy governor going by the provisions of sections 177(b) and 187(2) of the 1999 constitution, which prescribed an age requirement of 35 years.

Delivering judgement, Justice Abang said INEC did not disqualify the plaintiff's candidates but merely informed it that it submitted an invalid candidate based on section 177 and 187 (2).

 

"By the combined provisions of sections 177(b) and 187, the running mate must meet same qualification as that of the principal candidate. Therefore, he must satisfy the requirements of the law which is 35 years and not 34 years.

"I hold that YDP did not present a validly nominated candidate as at the close of nomination on September 9, 2019.

"Since it is a joint ticket, it will invariably affect the principal candidate, that is to say, the governorship candidate.

"I hold that YDP has no valid deputy governorship candidate, having submitted an invalid candidate.

"A person seeking election for the governorship position is not qualified unless he nominates a deputy candidate under section 177(1). Where the running mate is not qualified, it will affect the principal candidate since it is a joint ticket,” he said.

The court accordingly dismissed the suit for lacking in merit with a cost of N100, 000 against the plaintiff in favour of INEC.

Meanwhile, Diri was billed to appear before the Chairman of CCB on October 23 by 11a.m. but he failed to appear as information that got to the Bureau was that he was on a campaign tour in Bayelsa State.

Reacting to the development, the petitioner, Joseph Amberkedrimo, stated that “for the third time, the PDP candidate for the Bayelsa State governorship election, Senator Douye Diri, has deliberately refused to honour the CCB invitation to defend the allegations of non-declaration of assets and false declaration of assets. It's a grave disrespect for the rule of law and constituted authority, therefore, the CCB should do the needful as Diri is not above the law and he cannot continue to hold the CCB to ransom.

“I call on the CCB to stand up to its responsibilities and carry out its mandate without fear or favour, and there should be no cover up. The actions of Diri has proven that he is an untrustworthy individual and  a man not to be entrusted with a high office of a governor and that he cannot be trusted with the resources of the state,” he said.