The Court of Appeal Court sitting in Abuja on Friday affirmed the election of Gov. Duoye Diri of Bayelsa and put apart the judgment of the Bayelsa Governorship Election Petition Tribunal which nullified Diri’s election.
A 5-member panel of justices of the courtroom docket reversed the nullification of Diri’s election on the grounds that the petition filed by the Superior Nigerian Democratic Get collectively, (ANDP), which led to the nullification, was statute-barred.
The panel in a unanimous judgment delivered by Justice Obande Ogbunya held that the majority judgment of the tribunal erred in regulation when it held that the petition of the ANDP was not statute-barred.
The tribunal had in a two-to-one judgment on Aug.17 annulled the Nov. 16, 2019 Governorship Election in Bayelsa on the grounds that the ANDP was excluded from the poll.
The tribunal had consequently ordered the Neutral Nationwide Electoral Charge (INEC) to conduct a up to date election inside 90 days.
Diri, nonetheless, approached the appellate courtroom docket to place apart the majority judgment on the grounds that it was flawed.
The appellate courtroom docket held that there was adequate proof to point that the case of the ANDP was statute-barred, the event, having not filed its petition inside 14 days as stipulated by regulation.
Ogbunya throughout the resolve agreed with Diri, the appellant, that the case of the ANDP which should be filed inside 14 days was filed 5 months after the rationale for the event.
On one different grounds of attraction, Justice Ogbunya moreover agreed with the appellant that INEC was correct in excluding the ANDP from the Nov. 16 governorship poll.
This was on grounds of disqualification of the ANDP’s deputy governorship candidate, who was acknowledged to be underage on the time of the election.
Justice Ogbunya held that on all the, Diri’s case had benefit and he subsequently affirmed his election as governor of Bayelsa.
He further put apart the majority judgment of the tribunal that nullified the Nov. 16 governorship poll and ordered modern elections.