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Court strikes out suit seeking Diri’s disqualification, awards N500,000 fine
A Federal High Court, Abuja, has dismissed a suit seeking the disqualification of Governor Douye Diri of Bayelsa State and his deputy, Lawrence Ewhrudjakpo.
Justice Emeka Nwite, in a judgment, held that the suit lacked merit as the plaintiff had failed to prove the allegations of certificates forgery levelled against Ewhrudjakpo beyond reasonable doubt.
Nwite also awarded a cost of N500,000 against the plaintiff and in favour of the Peoples Democratic Party, PDP, the 3rd defendant in the suit.
We gathered that in 2023 less than nine days before the November 11, 2023 Bayelsa governorship election, a fresh suit seeking Diri and Ewhrudjakpo’s disqualification commenced before Justice Nwite.
The plaintiff, a Bayelsa woman, Mrs 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 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, PDP, and the Independent National Electoral Commission, INEC, 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 for the party in the forthcoming election in Bayelsa.
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 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 informations,” the judge said.
