A Lagos-based legal practitioner, Mr David Babalola, has said
the sitting of the Bayelsa State Election Petition Tribunal is an
affront on the ruling of the Supreme Court which determined the
governorship of the state.
The apex court on February 13th had declared Douye Diri of the
People’s Democratic Party (PDP) and his running mate, Lawrence
Ewhrudjakpo, as the duly elected governor and deputy governor
respectively.
This followed the disqualification by the Supreme Court of the
All Progressives Congress (APC) candidate, David Lyon, and running
mate, Biobarakumo Degi-Eremienyo, over the latter’s falsification
of his name on the documents submitted to the Independent National
Electoral Commission (INEC).
Mr Babalola, who spoke to journalists to Lagos, argued that it
was unconstitutional for the Bayelsa Deputy Governor to personally
waive his immunity from the trial in order to appear before the
election tribunal.
He faulted the rationale behind the tribunal inviting
Ewhrudjakpo to answer allegations bordering on his National Youth
Service Corps (NYSC) exemption certificate.
‘I recall that the Supreme Court in disqualifying the APC
candidates in the last governorship election clearly stated that
only the issuing authority of any certificate can alter or make any
correction on the certificate. In this instance, the issuing
authority, which is the NYSC, had admitted at the tribunal that it
misspelt the deputy governor’s name and at the latter’s instance
had gone ahead to effect the correction.
‘This fact was what the DSS relied upon in its testimony before
the tribunal to clear Senator Ewhrudjakpo of any wrongdoing.’
The legal practitioner said legally there is no duly constituted
tribunal for Bayelsa in respect of the November 16, 2019
governorship election.
‘By law, the constitutional six months for filing and
determination of the election had elapsed. See Section 285(6) of
the 1999 constitution as amended. 180 days is the lifespan of any
election tribunal from the date of filing the petition. Sub-section
5 of Section 285 says the petition must be filed within 21 days
from the date of declaration of the result.
‘How can there be a valid petition against the current holders
of the office of governor and deputy governor of Bayelsa State in
the light of the above?’
He reasoned that the Court of Appeal cannot by any stretch of
the imagination constitute an election petition tribunal for
Bayelsa when same had since been extinguished by virtue of the fact
of parties.
Babalola further stated that the allegation of fake NYSC
exemption certificate against Ewhrudjakpo was no longer tenable as
it ‘is no longer a live issue being a pre-election matter, which by
Section 285(9) ought to have been litigated within 14 days of the
occurrence of the event.’
He cited the Supreme Court pronouncement on Atiku vs Buhari
where it stated that the issue of qualification is a pre-election
matter.
Babalola maintained that by the authority of the Supreme Court’s
pronouncement, the election tribunal ‘is completely robbed of
jurisdiction to entertain the claim.’
The legal practitioner was insisted that the deputy governor
cannot waive his immunity to appear before the tribunal, adding
that no court can compel his appearance.
‘The only way such immunity can be waived is only when he
resigns from office. There cannot be a deputy governor in abeyance.
For the avoidance of doubt, see Section 308 of the 1999
constitution as amended,’ he said.
A Lagos-based legal practitioner, Mr David Babalola, has said
the sitting of the Bayelsa State Election Petition Tribunal is an
affront on the ruling of the Supreme Court which determined the
governorship of the state.
The apex court on February 13th had declared Douye Diri of the
People’s Democratic Party (PDP) and his running mate, Lawrence
Ewhrudjakpo, as the duly elected governor and deputy governor
respectively.
This followed the disqualification by the Supreme Court of the
All Progressives Congress (APC) candidate, David Lyon, and running
mate, Biobarakumo Degi-Eremienyo, over the latter’s falsification
of his name on the documents submitted to the Independent National
Electoral Commission (INEC).
Mr Babalola, who spoke to journalists to Lagos, argued that it
was unconstitutional for the Bayelsa Deputy Governor to personally
waive his immunity from the trial in order to appear before the
election tribunal.
He faulted the rationale behind the tribunal inviting
Ewhrudjakpo to answer allegations bordering on his National Youth
Service Corps (NYSC) exemption certificate.
‘I recall that the Supreme Court in disqualifying the APC
candidates in the last governorship election clearly stated that
only the issuing authority of any certificate can alter or make any
correction on the certificate. In this instance, the issuing
authority, which is the NYSC, had admitted at the tribunal that it
misspelt the deputy governor’s name and at the latter’s instance
had gone ahead to effect the correction.
‘This fact was what the DSS relied upon in its testimony before
the tribunal to clear Senator Ewhrudjakpo of any wrongdoing.’
The legal practitioner said legally there is no duly constituted
tribunal for Bayelsa in respect of the November 16, 2019
governorship election.
‘By law, the constitutional six months for filing and
determination of the election had elapsed. See Section 285(6) of
the 1999 constitution as amended. 180 days is the lifespan of any
election tribunal from the date of filing the petition. Sub-section
5 of Section 285 says the petition must be filed within 21 days
from the date of declaration of the result.
‘How can there be a valid petition against the current holders
of the office of governor and deputy governor of Bayelsa State in
the light of the above?’
He reasoned that the Court of Appeal cannot by any stretch of
the imagination constitute an election petition tribunal for
Bayelsa when same had since been extinguished by virtue of the fact
of parties.
Babalola further stated that the allegation of fake NYSC
exemption certificate against Ewhrudjakpo was no longer tenable as
it ‘is no longer a live issue being a pre-election matter, which by
Section 285(9) ought to have been litigated within 14 days of the
occurrence of the event.’
He cited the Supreme Court pronouncement on Atiku vs Buhari
where it stated that the issue of qualification is a pre-election
matter.
Babalola maintained that by the authority of the Supreme Court’s
pronouncement, the election tribunal ‘is completely robbed of
jurisdiction to entertain the claim.’
The legal practitioner was insisted that the deputy governor
cannot waive his immunity to appear before the tribunal, adding
that no court can compel his appearance.
‘The only way such immunity can be waived is only when he
resigns from office. There cannot be a deputy governor in abeyance.
For the avoidance of doubt, see Section 308 of the 1999
constitution as amended,’ he said.