Court dismisses suit seeking Bayelsa governor’s disqualification, awards N500, 000 fine
A Federal High Court in Abuja has dismissed a suit seeking the disqualification of Bayelsa State governor, Douye Diri and his deputy, Lawrence Ewhrudjakpo.
In his ruling, Justice Emeka Nwite, held that the suit lacked merit as the plaintiff failed to prove the allegations of certificates forgery levelled against Mr Ewhrudjakpo beyond reasonable doubt.
Justice Nwite also awarded a cost of N500, 000 against the plaintiff and in favour of the Peoples Democratic Party, the 3rd defendant in the suit.
In 2023, less than nine days to the November 11, 2023 Bayelsa governorship election, a fresh suit seeking Diri and Ewhrudjakpo’s disqualification commenced before Justice Nwite.
The plaintiff, a Bayelsan woman, Blessing Clement Azibanagbal, through her lawyer, Ifeanyi Nsowu, filed the suit marked: FHC/ABJ/CS/1448/23.
In the affidavit in support of the originating summons deposed to by Yenle Istifanus, a litigation secretary with Compendium Chambers, the lawyer said she knew as a fact that Mrs Azibanagbal, who hails from Bayelsa and as a good citizen of Nigeria, had the locus standi (legal right) to institute the action.
The originating summons was dated October 26, 2023 and filed on October 30, 2023,
She listed Diri, Ewhrudjakpo, Peoples Democratic Party and the Independent National Electoral Commission as the 1st to 4th defendants, respectively. The suit sought an order of mandatory injunction, directing INEC to remove the names of Diri and Ewhrudjakpo as PDP’s candidates in the November poll.
It also sought an order of perpetual injunction restraining INEC, its agents, privies, or whosoever called, from further publishing their names as standard bearers of the party in the then governorship election in Bayelsa.
It further sought a declaration that Mr Ewhrudjakpo was not qualified to run as deputy governor under the PDP.
It sought a declaration that Mr Ewhrudjakpo was also not qualified to be a running mate with Diri.
Besides, she prayed the court to declare that Mr Ewhrudjakpo had multiple names without any evidence to prove “that he is the same person.”
She, therefore, urged the court to declare that the PDP had no candidate in the poll.
But the PDP, in a notice of preliminary objection dated November 28 and filed November 30 through its lawyer, Adeyemi Ajibade, SAN, prayed the court to dismiss or strike out the suit for being statute-barred.
Mr Diri and his deputy also filed their counter affidavit to oppose the application.
Delivering the judgment on Monday, Justice Nwite observed that Exhibits I attached to the affidavit of the plaintiff’s amended originating summons contained among others, documents which included deed poll for proper arrangement of Mr Ewhrudjakpo’s name.
“Fair enough, it is the documents exhibited by the plaintiff to prove her case that the 2nd defendant (Ewhrudjakpo)’s certificates have different names, hence he is not qualified on the ground of presentation of false information,” the judge said.
He, however, held that the Supreme Court had lain to rest the recognised and legal procedure for a valid change of name.
Citing a PDP case Vs Degi, 2021, Justice Nwite held that the apex court had decided that “affidavit of change, correction and confirmation of name has to be by deed poll and not by mere deposition.”
He said in the instant case, it was clear that Mr Ewhrudjakpo had met with the requirements for recognised procedure for correction of name.
“That is, by making a deed poll and publication in the official gazette,” he added.
He said he agreed with the submission of the learned
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