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.