APC Has No Governorship Candidate. There Is No Order Of Stay Against The 14/11/2019 Ruling Of FHC Yenagoa Nullifying APC’s Governorship Primaries – TheNigerialawyer

THERE IS NO CONFUSION IN BAYELSA STATE: APC HAS NO
GOVERNORSHIP CANDIDATE. THERE IS NO ORDER OF STAY AGAINST THE
14/11/2019 RULING OF FHC YENAGOA NULLIFYING APC’s Governorship
Primaries

(Plus OPTIONS BEFORE APC, INEC & NATIONAL ASSEMBLY)
(By Levi Oraekenyi)

PART A:
THE TRUTH & UNTRUTH
(The real state of affairs as at 1.00pm on 15/11/2019)

There is no order of any FEDERAL HIGH COURT setting aside the
14/11/2019 of FHC Yenagoa nullifying the September 04, 2019
governorship primaries of the APC. An FHC in Abuja could not have
stayed the ruling of a coordinate Federal High Court. That did not
happen. It’s mere gossip. As far as the Bayelsa elections are
concerned, there are only three court rulings as at 15/11/2019.
They’re:
(1) The ruling of the FEDERAL HIGH COURT, ABUJA on 12/11/2018
disqualifying the DEPUTY GOVERNORSHIP CANDIDATE (Biobarakuma
Degi-Eremienyo) for lying in his affidavit he submitted to INEC.
According FHC Abuja. According to the FHC, Abuja, Degi-Eremienyo
had given false information in relation to his educational
qualifications and later went ahead to depose to an affidavit to
correct the discrepancies. The FHC said specifically, “There are
discrepancies in the form CF 001, the Deputy Governorship candidate
submitted to INEC for clearance in the 2019 Bayelsa State
Governorship poll…. the INEC’s Form CF001 is a document validated
by oath, and the consequence of lying on oath is grave. Where a
candidate is found to have lied on oath, a court must issue an
order disqualifying such a candidate from contesting the election”
(see https://www.google.com/amp/s/www.channelstv.com/2019/11/12/court-disqualifies-bayelsa-apc-deputy-governorship-candidate/amp/%3ffbclid=IwAR20qyZSXXpKTH4Ex0cvYf_7z_iQTiB1G7o0JjP44L3CDw-y2O97EIU8ck4^[1])

(2) The ruling of the Federal High Court (FHC), Yenagoa on
14/11/2019 nullifying the September 04, 2019 governorship primaries
held by the APC for being illegal due to noncompliance with laid
down rules. (See https://www.google.com/amp/s/thenationonlineng.net/breaking-apc-has-no-candidate-in-bayelsa-court/amp/^[2]).
The ruling had followed a suit filed by MR Heineken Lokpobiri, an
APC Governorship aspirant in the primaries.

(3) The 14/11/2019 ruling of the Court of Appeal, Abuja
halting/staying execution of the 12/11/2019 ruling of the FHC,
Abuja which had disqualified the APC Deputy Governorship Candidate.
(See
https://www.google.com/amp/s/nairalaw.com/confusion-as-three-courts-give-conflicting-orders-on-apc-candidates-in-bayelsa-poll/amp/)

As at this moment, that’s 1.00pm of 15/11/2019, there has NOT
been any ruling/order HALTING or STAYING the EXECUTION of the
14/11/2019 ruling of the FHC Yenagoa, so the September 04, 2019
primaries stand nullified, based on the 14/11/2019 ruling of FHC,
Yenagoa.

Accordingly, unless the APC procures another order to either set
aside the 14/11/2019 ruling of FHC Yenagoa or go on appeal today
(15//11/2019) and get the 14/11/2019 judgment of FHC Yenagoa
halted/stayed, pending thehearing of its appeal, the judgement of
FHC Yenagoa stands SUBSISTING until set aside on APPEAL. The legal
implication of this is that APC, as far as the law is concerned,
has no candidate in the 16/11/2019 elections. The FHC Yenagoa may
be right or may be wrong in its 14/11/2019 ruling. But as decided
in MILITARY GOVERNOR OF LAGOS STATE V. ODUMEGWU-OJUKWU, an order of
court, once made remains subsisting and BINDING ON ALL PARTIES
unless it is set aside or otherwise stayed. That Supreme Court
declaration applies here.

Those people who are saying that the Court of Appeal has cleared
the APC Governorship candidate for participation in the 16/11/2019
elections are merely, deliberately and mischievously
misinterpreting the law to suit their selfish ends. They’re merely
playing politics. They know the true position which is that

(1) The governorship primaries stand nullified and therefore
nonexistent, unless and until an appellate court rules otherwise;
and
(2) the court of appeal ruling on 14/11/2019 relates to only the
12/11/2019 ruling of FHC Abuja (regarding qualification of the
deputy governor) and not the 14/11/2019 ruling of FHC Yenagoa
nullifying the September 04, 2019 governorship primaries of the
APC. They know.

Please, recall that the 12/11/2019 ruling of the FHC Abuja
concerns ONLY THE QUESTION AS TO WHETHER OR NOT THE APC DEPUTY
GOVERNORSHIP CANDIDATE WAS QUALIFIED. It has nothing to do with the
September 04, 2019 APC primaries or any irregularities alleged to
have occurred therein.

This is because
(a) the DEPUTY GOVERNORSHIP CANDIDATE did not participate in the
primaries. And so his case DOES NOT and could not have had any
business with the party primaries in
in which he DID NOT TAKE PART. That being the case, if (as) the
Court of Appeal sitting in Abuja has STAYED execution of the
12/11/2019 ruling of FHC Abuja, it is the ruling disqualifying the
deputy governorship candidate that was stayed, and not the
14/11/2019 ruling of FHC YENAGOA nullifying the September 04, 2019
governorship primaries. (b) There is NO way the Court of Appeal
could have stayed the 14/11/2019 ruling of the FHC Yenagoa which
came almost the same hour as the ruling of the Court of Appeal
Abuja. Besides, the 14/11/2019 ruling nullifying the parties
governorship primaries was not before the Court of Appeal, Abuja as
at the time the court of appeal Abuja delivered a ruling staying
(halting the execution of) the 12/11/2019 ruling of FHC Abuja.
(c). It is the court of Appeal sitting in PortHarcourt, Rivers
State (not that in Abuja) that has administrative jurisdiction to
hear appeals from FHC Yenagoa.
Below is the ruling of the Court of Appeal on 14/11/2019, while
staying the 12/11/2019 ruling regarding qualification of the deputy
Governor: the APC Deputy Governorship candidate was represented in
by Damian Dodo SAN. The Appeal Court specifically granted and made
the following orders:
“(1). That the status quo ante bellum which existed on or before
the 19th September, 2019 when the suit was filed be maintained
pending the hearing and determination of the Motion on Notice.
(2) An interim order for stay of judgment of the lower court
delivered on 12th November, 2019 pending the hearing and
determination of the Motion on Notice.
(3). The Motion on Notice to be heard on 20th November, 2019 and
the Respondents to be served with the Motion on Notice and and copy
of the Court Order.” (See
https://www.google.com/amp/s/nairalaw.com/confusion-as-three-courts-give-conflicting-orders-on-apc-candidates-in-bayelsa-poll/amp/)

The Court of Appeal is unequivocal and so leaves no one confused
about the judgement to which its (the court of appeal) ruling of
14/11/2019 relates. I refer us to the exact words used by the court
of appeal as shown above: “An interim order for stay of judgment of
the lower court delivered on 12th November, 2019”

Consequently, DAVID LYON is NO LONGER APC’s Governorship
Candidate in the governorship elections slated for 16/11/2019 in
Bayelsa State, unless another order (of a higher court) comes
before the start of voting on 16/11/2019 to suspend or lift the
14/11/2019 ruling of FHC Yenagoa nullifying the September 04, 2019
governorship primaries which had produced DAVID LYON as at the
party’s flag bearer.

PART B:
THE OPTIONS BEFORE THE APC & ITS GOVERNORSHIP
CANDIDATE

(1) The APC could appeal against the 14/11/2019 ruling of the
FHC Yenagoa. If APC goes on appeal and succeeds, that is, if the
courts on appeal hold that the September 04, 2019 governorship
primaries WAS VALIDLY HELD and that DAVID LYON or Heineken
Lokpobiri is the party’s candidate, the legal implication would be
that APC was unlawfully excluded from the 16/11/2019 governorship
elections. So, if the court of appeal and or the Supreme Court
upholds the September 04, 2019 governorship primaries, the
appellate court should also nullify the results of the 16/11/2019
elections and order a rerun to afford the APC an opportunity of
participating. That is the law in my view. Because, if the
appellate courts uphold the governorship primaries, it would then
be that the APC had VALIDLY NOMINATED A CANDIDATE who was then
unlawfully EXCLUDED BY A COURT. So only a rerun would cure the
error.

(2) If on the other hand , the appellate courts affirm the
judgment of the FHC Yenagoa, it means that APC’s fate is sealed, at
is was in Rivers and in Zamfara states in 2019. Under such
situation, even if the APC participates and wins the elections, its
victory would be set aside because or on grounds that it has no
candidate in the elections.

(3). If the APC fails to go on appeal against the 14/11/2019
ruling, it means that APC has accepted that it has no candidate and
that the September 04, 2019 governorship primaries stand NULLIFIED.
If that be the case, all votes cast for the PURPORTED APC
governorship candidate would, as it happened in Zamfara State,
become a mere waste and as such not to be considered in determining
the winner of the 16/11/2019 governorship elections in Bayelsa
State. I advise the APC to rush to the court of appeal today and
seek an order to stay the 14/11/2019 FHC Yenagoa ruling, which is,
as at 1.00pm on 15/11/2019 still VALID & SUBSISTING.

PART C:
MY ADVICE TO INEC

INEC’s reaction to the 14/11/2019 ruling of of the FHC Yenagoa
is contained in a statement by the publicity secretary of INEC in
Bayelsa. In a news item titled, “Bayelsa Governorship: INEC reacts
to court judgement disqualifying APC,” Premiumtimesng reports that
INEC, in its reaction, INEC said that the election would go on
despite the disqualification of the APC candidate. INEC’s publicity
secretary in Bayelsa State, Sarian Dangosu is reported to have
stated as follows:
“The court did not say INEC should stop the election. The court
only said those who do not have candidates will be disallowed
therefore, the other 43 candidates will go to the polls.” (See
https://www.premiumtimesng.com/news/headlines/362864-bayelsa-governorship-inec-reacts-to-court-judgement-disqualifying-apc.html).
This notwithstanding, my advice is that INEC should postpone the
election to enable the courts to resolve all pending issues,
because going ahead with the elections might amount a gross waste
of public funds. Look at this: APC as at today HAS NO CANDIDATE.
So, if INEC goes ahead with the elections and thereafter the
appellate courts decide that APC’s candidate (LYON OR LOKPOBIRI)
was improperly EXCLUDED, and the appellate courts decide to NULLIFY
the 16/11/2019 governorship elections in Bayelsa State and order a
rerun to enable the APC (a party that was unjustly excluded; that
is if APC wins on appeal) to participate in the elections.

PART D:
ADVICE TO THE NATIONAL ASSEMBLY.

Please amend our electoral laws to provide for all PRE-ELECTION
SUITS to be concluded at least 20 days before any general elections
to which the such suits relate. A situation in which court orders
are flying around few days to a general election does not augur
well for the polity and has the capacity of instigating or
encouraging VIOLENCE AND THE ATTENDANT LOSS OF INNOCENT LIVES. If
all Pre-election matters are concluded on time, INEC would be able
to make necessary adjustments to reflect the relevant, subsisting
court orders before the holding of the general elections.

Part E:
CONCLUSION:
We’re legal advisers and rule of law advocates. We have offered our
legal opinion. Let those who have ears hear.

Best wishes Bayelsa.
Thank you.
SIGNED:
LEVI ORAEKENYI.
Legal Practitioner, Lagos.
([email protected]^[3])

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