Bayelsa Guber: Gov Diri, Deputy wins as A’Court dismisses LP, NNPP appeals for lacking in merit

From Godwin Tsa Abuja

The Abuja division of the Court of Appeal has dismissed two separate petitions filed by the Labour Party (LP) and its governorship candidate Udengmobofa Eradiri and the New Nigerian People’s Party, (NNPP,) Mike Akeems, against the election of governor Douye Diri of the People’s Democratic Party, (PDP) and his deputy, Senator Lawrence Ewhrudakpo for lacking in merit.

The three-member panel of the appellate led by Justice James Gambo Abundaga in separate judgments on Saturday upheld the findings of the state governorship election tribunal that dismissed the two petitions.
In the case of the petition by the LP, the Court of Appeal held that Eradiri and his party failed to prove allegations of non qualification and certificate forgery against Governor Diri and his deputy, Ewhrudakpo, as contained in their petition.

The court equally held that the tribunal was right when it held that the appellants petition was abandoned, having not been signed by either the petitioners or their counsel, as required by law.

The court noted that attachment of alleged forged documents to form EC8 submitted to INEC by the 3rd respondent is a pre election matter which should not have been brought to the tribunal.

Besides, the court agreed with the submissions by lead counsel to the deputy governor, Chukwuma-Machukwu Ume (SAN), a former Attorney General of Imo state to the effect that the petitioners failed woefully to prove the allegations as contained in their petitions.
The court held that allegations of forgery being a criminal in nature needs to be proved beyond reasonable doubt.
Having resolved all the issues against the petitioners in favour of respondents the appellate court dismissed the petition by the Labour Party for lacking in merit, with a cost of N200, 000 against the appellants in favour of each set of the respondents.
Meanwhile, the petition by the governorship candidate of the New Nigerian People’s Party, NNPP, Mike Akeems also suffered the same fate.

Like the appeal by the labor Party the three-member panel of the court of appeal also dismissed that of the NNPP and it’s candidate for lacking in merit, having resolved all the issues raised for the determination of the court against the appellant .

On the issue of forgery against the deputy governor Senator Lawrence Ewhrudjakpo the court held that, apart from being a pre-election matter, the appellant failed to prove the allegation.

On the whole Justice P A Basil who delivered the unanimous judgement of the court in the appeals by NNPP and its governorship candidate held that the appeal is devoid of merit and accordingly dismissed and further slammed a fine of 200 thousand Naira to be paid to each of the respondents in the matter.