The Court of Appeal sitting in Abuja on Monday set aside the judgment that disqualified the deputy governorship candidate of the All Progressives Congress (APC), in the November 16 governorship election in Bayelsa State, Senator Biobarakuma Degi-Eremieoyo.
A three-man panel of the Court of Appeal in a judgment held that Degi-Eremienyo met the necessary academic qualifications for contesting the election.
The panel presided over by Justice Stephen Adah, consequently set aside the judgment of a Federal High Court in Abuja, which had earlier disqualified the APC Deputy Governor-elect.
Justice Inyang Ekwo had in a judgment delivered on November 12, disqualified the APC Governor-elect on grounds of giving false information to the Independent National Electoral Commission (INEC).
Dissatisfied with the decision of the trial court, the appellants approached the Court of Appeal to set aside the judgment.
Appellants include All Progressives Congress (APC), Governor-elect, David Lyon, deputy governor-elect and INEC, while respondents are the People’s Democratic Party (PDP), its governorship candidate in Bayelsa State, Douye Diri, and Lawrence Ewhruojakpo.
The appeal which was predicated on 16 grounds, also has four issues for determination by the appellate court.
However the appellate court in a judgment set aside the judgment of Justice Ekwo on the grounds that the lower court erred in arriving at the conclusion that the alleged false information was enough grounds to disqualify the contestant.
According to the judgment, the qualification for a governor or deputy is set out in the Constitution, and that section 31(5&6) of the Electoral Act was not part of the grounds for the disqualification of a candidate.
Consequently the appellate court held that the lower court was wrong to have activated section 31(5&6) in disqualifying the contestant.
In the unanimous judgment delivered by Justice Rilwan Abdullahi, the Court of Appeal also held that there was nothing to prove that Senator Degi-Eremienyo gave false information to INEC.
According to the court, the issues raised in the suit are criminal in nature, which places the burden of proof on he who alleges, adding that the respondents failed to prove their claims beyond reasonable doubt.
The Court of Appeal said that the lower court was also wrong to have determined the suit which facts are in dispute through an affidavit evidence, adding that by so doing the lower court breached the right of fair hearing of the appellants.
The court in addition held that the different names contained in the appellant form CF 001, his first leaving school certificate and General Certificate of Education (GCE) belong to the same person, going by the supporting affidavit of change of name and newspaper publication.
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“The appeal has merit and it is hereby allowed, the judgment of the lower court delivered on November 12 is hereby set aside. Order is hereby made dismissing the suit of the respondents.
“500,000 Naira cost is awarded against the respondents in favour of the appellants,” the court held.
The Court of Appeal in Abuja had last week reserved judgment in an appeal seeking the setting aside of the disqualificaton of Bayelsa deputy governor-elect Senator Biobarakuma Degi-Eremieoyo in the November 16 governorship election.
The appellate court reserved its verdict after taking arguments for and against the eligibility of the candidacy of Degi-Eremienyo in the election.
Counsel to the appellants Damian Dodo (SAN) in his submission had urged the appeal court to set aside the judgment of a Federal High Court against Degi-Eremienyon on the reason of miscarriage of justice.
Dodo argued that the findings of the lower court that the Deputy Governor-elect gave false information via discrepancies in the names on his academic qualifications, especially the use of various names, had been well explained in an affidavit.
He argued that the Judge miscarried justice when he held that the affidavit deposed to by the Deputy Governor-elect to regularise the discrepancies in his names was not enough.
