A Federal High Court, Abuja, on Wednesday, fixed April 22 for judgement in a suit seeking the disqualification of Gov. Douye Diri of Bayelsa and his deputy, Lawrence Ewhrudjakpo.
Justice Emeka Nwite fixed the date after counsel for the plaintiff, Ifeanyi Nwosu, and lawyers to the governor and deputy, Reuben Egwuaba, including that of the People’s Democratic Party (PDP), Douglas Ondor, adopted their processes and presented their arguments for and against the suit.
In 2023, less than nine days before the Nov. 11, 2023, Bayelsa governorship election, a fresh suit seeking Messrs Diri and Ewhrudjakpo’s disqualification commenced before Mr Nwite.
The judge had, on Nov. 3, 2023, granted the ex-parte motion moved by Mr Nwosu, seeking a leave to serve Messrs Diri and Ewhrudjakpo at the Government House in Bayelsa, through courier service.
The suit, marked FHC/ABJ/CS/1448/23 and filed by a Bayelsa woman, Blessing Clement Azibanagbal, through her lawyer, Mr Nsowu, listed Mr Diri, Mr Ewhrudjakpo, PDP, and Independent National Electoral Commission (INEC) as the first to fourth defendants, respectively.
The suit sought an order of mandatory injunction, directing INEC to remove the names of Mr Diri and Mr 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 for the party in the forthcoming election in Bayelsa.
It further sought a declaration that Mr Ewhrudjakpo was not qualified to run as deputy governor under the PDP.
Mrs Azibanagbal, in the originating summons dated Oct. 26, 2023, and filed on Oct. 30, 2023, sought a declaration that Mr Ewhrudjakpo was also not qualified to be a running mate with Mr Diri.
Besides, she prayed the court to declare that Mr Ewhrudjakpo had multiple of 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 Nov. 28 and filed Nov. 30 through its lawyer, A.K. Ajibade, SAN, prayed the court to dismiss or strike out the suit for being statue-barred.
It also urged the court to dismiss the suit for not disclosing reasonable cause of action against the defendants.
Giving five grounds, the PDP argued that Mrs Azibanagbal’s case was founded on pre-election matter and the time prescribed by the constitution to initiate such suit had elapsed.
It argued that the court lacked jurisdiction to hear and determine a suit that was already statute-barred.
“This honourable court lacks jurisdiction to hear and determine a suit where and when the plaintiff’s suit failed to disclose cause of action and/or reasonable cause of action,” it said.
Mr Diri and his deputy also filed their counter affidavit to impose the application.
INEC had declared Mr Diri the winner of the Nov. 11, 2023 poll after he scored the highest votes to defeat other candidates, including Timipre Sylva of the All Progressives Congress (APC).
(NAN)
