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  • New twist in Bayelsa as Oshiomhole, APC demand fresh poll

    New twist in Bayelsa as Oshiomhole, APC demand fresh poll

    Adams Oshiomhole, the chairman of the All Progressives Congress, APC, has written the Independent National Electoral Commission to demand for the conduct of a new governorship election in Bayelsa State.

    The letter followed the nullification of the election of the APC governor-elect, Lyon David and the declaration of Douye Diri, the candidate of the Peoples Democratic Party as governor of Bayelsa by the INEC, after the shocking Supreme Court ruling on 13 February.

    Diri was sworn in Friday.

    Oshiomhole faulted the declaration of the PDP candidate as the winner arguing Diri, also failed to meet the mandatory requirement to become the governor.

    He argued that the Supreme Court did not void the votes scored by the APC at the election, contrary to the assertion by INEC.

    APC National Chairman said: ‘’Kindly recall that the Governorship election in Bayelsa State was conducted on the 16th November, 2019 and our great party, the All Progressives Congress, duly participated at the said election. You will also recall that the All Progressives Congress emerged victorious at the election leading to our Lyon David Pereworinimi being declared and returned as winner of the election,’’ the letter reads.

    ‘’Our attention has been drawn to the judgment of the Supreme Court delivered on 14th February 2020 in the pre-election appeal filed by the Peoples Democratic Party(PDP) and its governorship as well as deputy governorship,

    ‘‘In the said judgment of the Supreme Court, the candidature of our governorship and deputy governorship candidates were nullified and the commission was ordered to issue fresh certificate of returns with the highest number of votes and with the required geographical spread.

    ‘’It is however to be noted that the Supreme Court did not void the votes that our party polled at the election and the implication of this is that the votes of the All Progressives Congress must be reckoned with in determining whether any other candidate polled majority of lawful votes cast in one-quarter of at least two thirds majority of the state.

    ‘‘We have reviewed the judgement of the Supreme Court and we are of the firm opinion that the candidates of the Peoples Democratic Party cannot be issued certificate of return and or sworn in as the Governor and Deputy Governor of Bayelsa State respectively.

    ‘‘We are aware of that section 179(1)(b) of the 1999 constitution of the Federal Republic of Nigeria mandatorily requires a candidate for an election to the office of governor of a state to have not less than one quarter of the votes cast at the election in each of at least two thirds of all the local government areas in the state before the candidate can be deemed to have been duly elected as the Governor of the State. This mandatory requirement was affirmed by the supreme court in the judgement under reference.”

    He pointed out in the letter that that Bayelsa State has eight local government areas, therefore, the two thirds of at least eight local government areas will be approximated to six local government areas.

    “From the results announced and duly published by the commission, it is clear that no candidates meet this mandatory constitutional requirement, including the candidates of the Peoples Democratic Party who only managed to poll one quarter of the votes cast in only five local government areas,” the APC said.

    “The candidate of the Peoples Democratic Party or any other candidate whatsoever, none satisfies the requirement of one quarter of the votes cast in at least 2/3 of the local government areas in the state as required by the supreme court judgment further request that a fresh election be conducted by the commission for the office of the Executive Governor of Bayelsa State,” the letter highlighted.

  • Bayelsa: Why Buhari did not interfere with judiciary – Presidency

    Bayelsa: Why Buhari did not interfere with judiciary – Presidency

    The Presidency has said that President Muhammadu Buhari refused to interfere with the judgment of the Supreme Court, annulling the victory of his party in Bayelsa state.

    The Supreme Court on Thursday sacked the APC governor-elect in Bayelsa State, David Lyon after some irregularities were uncovered in the credentials of his running mate, Biobarakuma Degi-Eremienyo.

    The apex court, however, annulled the joint ticket of both Lyon and Degi-Eremienyo and pronounced the Peoples Democratic Party’s candidates, Douye Diri, and his deputy, Lawrence Ewrujakpor, as the winners of the November 2019 governorship election held in the state.

    The Supreme court also ordered the Independent National Electoral Commission to issue fresh certificates to the candidates of the party with the next highest votes and with the required constitutional spread of votes in the results of the election, which is the PDP’s Diri and his deputy governor-elect, Lawrence Ewrudjakpo.

    However, INEC complied with the verdict of the Supreme Court on Friday morning by issuing a Certificate of Return to Diri.

    In the same vein, the Chief Judge of the state on Friday evening administered the oaths of office on Diri and his deputy.

    Shortly after the inauguration on Friday evening, an aide to the President on Social Media, Lauretta Onochie, praised her principal, President Muhammadu Buhari, for refusing to interfere with the Supreme Court judgment sacking the candidates of his party, the APC, in the Bayelsa State governorship poll.

    Onochie wrote on Twitter; “Done and Dusted. Bayelsa Governor-Elect, Sen. Douye Diri and Deputy, have been sworn in as Governor and Deputy Governor of Bayelsa in Yenagoa. The Supreme Court has spoken. Bayelsans have moved on.

    “I salute the Courage of @MBuhari for refusing to interfere with the judiciary.”

  • Buhari, APC Governors meet as Diri formally take charge in Bayelsa

    Buhari, APC Governors meet as Diri formally take charge in Bayelsa

    The All Progressives Congress (APC) on Friday declared as unacceptable the decision of the Independent National Electoral Commission (INEC) to issue certificate of return to Senator Duoye Diri of the Peoples Democratic Party (PDP) as winner of the last governorship election in Bayelsa State.

    National Chairman of the APC, Mr. Adams Oshiomhole accused the commission of usurping the interpretative powers of the Supreme Court which, on Thursday, ruled that the candidate with the next highest number of votes and the constitutionally required vote spread be issued certificate of return.

    The apex court annulled the election of David Lyon of the APC because his running mate Degi Ermienyo presented forged documents for the purpose of the election.

    But Oshiomhole vowed on Friday that the APC would be heading to court to ensure that no unelected person was imposed on the people of Bayelsa state as governor.

    He urged Bayelsans to remain calm and peaceful.

    Simultaneously, President Muhammadu Buhari met in the State House with the Chairman of the APC Governors Forum, Atiku Bagudu and Governor Abubakar Badaru of Jigawa State on the development in Bayelsa.

    Displeased with Oshiomhole’s reaction to the apex court’s verdict,the opposition PDP yesterday asked the police to pull him in and prosecute him for what it called incitement.

    Oshiomhole who spoke extensively to reporters on the Supreme Court’s verdict said the court never made any consequential order, but merely asked INEC to issue certificate of return to the next candidate with the required spread.

    He said that the votes scored by the PDP candidate only met the requirement in five local government areas of the state, adding that what was required was six local government areas.

    His words: “for good reasons, the Supreme Court gave a conditional order which is that INEC should swear in the second candidate with the highest number of votes and the required constitutional spread.

    “I believe fact that the Supreme Court insisting on constitutional spread is in recognition that the constitution doesn’t want anyone, whether governor or president, to preside over the affairs of the state without at least enjoying two thirds of the support of the electorate of that state.

    “Clearly, the votes scored by the PDP and their candidate in that election only met the requirements in five local government councils. And, you need six LGAs to meet the requirements of two thirds. The PDP candidate did not satisfy this requirement.

    “INEC has now chosen to appropriate the power of the court and the judicial power to interpret laws that it is neither competent to do nor have the mandate to do.

    “Rather than allow the court, if there is conflicting interpretation to clarify the issues, INEC’s resort to appropriate judicial powers and to proceed without any express order from the Supreme Court to purport to have cancelled or voided or wasted the votes cast in favour of APC in order to be able to have a dubious spread in favour of PDP.

    “INEC failed to recognize that its responsibility does not include legal interpretation. And, the Supreme Court did not ask INEC to go and begin to assume judicial powers. All they had to do was simple arithmetic of who has the highest votes.

    “Does such person have the required spread? If the answer is no, INEC can do no more. It has decided to now assume that the case of Bayelsa is exactly the same case as that of Zamfara. Now, in so doing, INEC has assumed judicial powers.

    “Yet, even an elementary 100 level student knows that the issue in Zamfara is quite different from that of Bayelsa state. In Zamfara state the Supreme Court said APC didn’t conduct primaries and since we didn’t conduct primaries according to Supreme Court, we could not have had candidate because primaries is a requirement under the law and under the Electoral Act and under our party constitution.”

    Continuing, he said: “in the case of Bayelsa, the Supreme Court recognized that primaries have been conducted. It upheld those primaries as valid. However, it had issues with the qualification of the running mate of our candidate.

    “This case is exactly the same as that of Adamu Muazu in 1999 in Bauchi State when the court found out that after the election, the deputy governor to Adamu Muazu had issues with his qualifications.

    “The Supreme Court accordingly nullified the candidature or disqualified the running mate, proceeded to nullify the election and ordered for fresh elections to be conducted by INEC within 90 days.

    “The PDP candidate Adamu Muazu was allowed to nominate another candidate as running mate. This is exactly the same case in Bayelsa. But unfortunately, INEC has chosen to appropriate the powers of the judiciary.

    “If it were the intention of the Supreme Court to nullify or to declare the votes cast in favour of APC as wasted, the Supreme Court should have said so. INEC cannot import into the judgement or delete anything from the judgement.

    “We have, of course, recognized that having now purported to have issued certificate of return to the PDP, we still believe that there are viable legal windows that we will explore.”

    He said that regardless of the court’s decision,the APC ” still affirm our confidence in the judiciary even with the pains in our hearts because we recognize that in a democracy, we have judiciary that gives judgement which sometimes you are happy with and some other times you are not happy.

    “What we quarrel with today is not the judgement of Supreme Court. What we got aggrieved with is the attempt by INEC constituting itself into a court and appropriate judicial powers which the Constitution of Nigeria never vested in INEC.

    “So we want to put the people of Nigeria on notice and in particular our people in Bayelsa to maintain the peace. We will however sustain the legal processes to ensure that nobody hides under any judicial power to impose minority votes on Bayelsa State. Democracy is a game of numbers.

    “It could not have been the intention of the Supreme Court that the man who did not have the spread be sworn-in as a Governor. That was why the Supreme Court made that conditional provision and INEC came in now and declared somebody that did not meet that condition.

    “INEC itself is in contempt of the decision of the Supreme Court. We are going do everything to deploy every legal means to upturn the imposition by INEC that intend to weakened and destroy the fabrics of democracy. Briefly put, we are going to court and we will seek legal redress.”

    Oshiomhole also lashed out at Governor Nyesom Wike of Rivers State for saying that the APC chairman’s comment on the decision of the Supreme Court was capable of creating anarchy in the country.

    He said Wike was trying to use his (Oshiomhole’s) name to regain relevance in the PDP, having earlier accepted the fact that his party lost the governorship election in Bayelsa State and was also accused by former Governor Dickson of engaging in anti-party activities.

    “Between me and my friend (Wike) who has the history of violence?” Oshiomhole asked.

    He added: “Don’t you know how many lives you have wasted that we have read in the papers. I ran for election twice as governor and not a single gunshot was fired.

    “Where were police and military officers beheaded?It was in Rivers. Who was the great winner of that election violence, was it not Wike? So if he is the one talking about violence, when did the tortoise begin to challenge the antelope to a race?

    “Governor Dickson accepted defeat in the Bayelsa election.Dickson accused him of anti-party activity and I know he wants to use me to regain his lost membership of PDP.”

  • BREAKING: Police Impose three-Day Curfew in Bayelsa

    BREAKING: Police Impose three-Day Curfew in Bayelsa

    The Bayelsa State Police Command on Friday imposed a three-day curfew in the state after series of violent protests erupt due to the Supreme Court’s declaration of Douye Diri as the governor-elect of Bayelsa and nullified the election of David Lyon of the APC.

    The curfew was announced by the Commissioner of Police in the state, Uche Anozia, on Friday.

    Anozia said the curfew would last from Friday to Sunday.

    The commissioner disclosed that eight persons had been arrested so far for violent conduct following the protest rocking different parts of the state.

    He warned residents to obey the curfew as violators would be arrested.

    Details later…

  • Bayelsa: We Are Going To Court – Oshiomhole

    Bayelsa: We Are Going To Court – Oshiomhole

    The National Chairman of the All Progressives Congress, APC, Adams Oshiomhole says the party is going to court to challenge the issuing of Certificate of Return to Douye Diri of the Peoples Democratic Party, PDP, for having won the Bayelsa governorship election.

    The Supreme Court had nullified the election of the APC governor-elect, David Lyon and declared Diri winner of the poll.

    In line with this, INEC on Friday declared Diri winner of the poll, having polled overwhelming majority of votes.

    Oshiomhole, at a news conference in Abuja said the APC would explore every available legal means to ensure that the will of the people of Bayelsa State was upheld.

    According to him APC is going to court, saying that the PDP should not celebrate yet.

    Details later…

  • Sporadic shooting as APC, PDP supporters clash; massive protest rocks Bayelsa

    Sporadic shooting as APC, PDP supporters clash; massive protest rocks Bayelsa

    Sporadic shooting erupted at Tombia roundabout and Akemfa in Yenagoa, Bayelsa State last night, which snowballed into massive protest following the Supreme Court’s judgment which sacked David Lyon of the All Progressives Congress, APC and declared Duoye Diri of the Peoples Democratic Party, PDP, winner of the last governorship election.

    It was clear what immediately sparked off the eruption of violence as the state capital had experienced subdued shock and tension sequel to Supreme Court’s judgment sacking Lyon, less than 24 hours to his inauguration today.

    Bayelsans anxiously wait for the Independent National Electoral Commission, Abuja, to issue a Certificate of Return to Senator Duoye Diri as the duly elected Governor; expectedly violence sparked off at Tombia roundabout to Akemfa between 9pm and 10 pm last night, in Yenagoa, Bayelsa State capital.

    It was gathered that the fracas ensued as some supporters of the APC resisted attempts by supporters of the PDP to remove the hoisted flags of APC. All manner of weapons were said to have been used freely.

    As at the time this report was filed, casualties from the incident could not be ascertained but it was learnt that soldiers and policemen were drafted to the area to contain the situation.

    Before the security agencies arrived, it was learnt that irate youths made bonfires of at the Tombia roundabout and Akemfa, but calm has been restored.

    Also on Friday morning, protests rocked different parts of Yenagoa, following the Supreme Court’s judgement. Thousands of women took to the streets blocking major roads to protest the judgement insisting that no handover of power would be conducted in the state without Lyon.

    The protesters were calling for Lyon reinstatement as they were armed with placard.

  • Supreme Court judgement has vindicated me – Dickson

    Outgoing Governor of Bayelsa State, Henry Seriake Dickson has said the Supreme Court judgment which knocked out APC and returned gubernatorial victory to his party, the People’s Democratic Party was a clear evidence of the restoration government finishing well and strong.

    He made the remark Thursday at a live media chat held in Yenagoa, the Bayelsa State capital, saying he had confidence on Governor elect Senator Douye Diri to do his best and out-perform him in virtually all sectors adding that he had done a lot of work.

    On state funds said to have been withheld by federal government, he disclosed that about 45 to 48 billion naira due to the state was still being withheld by the federal government.

    He, however, assured that the consultants, in collaboration with federal authorities, were working round the clock to ensure its release soon.

    On why he delayed the commissioning of so many projects to the last days of his administration, he said he had made it clear that he would be working till the very last day.

    He said he was not afraid of intimidation from anyone and hoped to finish well and strong, adding that the judgment of the Supreme Court was a clear vindication of finishing well and strong.

    Governor Dickson, however, expressed mild displeasure at the conduct of some of his appointees who he said joined some mischievous elements in a failed attempt to protest saying they are the ones that would eventually benefit and come back to have appointments in the next government.

    He wondered why appointees would regard themselves as civil servants, adding that every political appointee must understand that he or she holds such appointment at the pleasure of the government.

    He disclosed that at some point his administration was spending almost eight hundred million naira on political appointees’ salaries monthly.

  • Full Analysis: Why Supreme Court voided Lyon’s election as Bayelsa governor elect

    Full Analysis: Why Supreme Court voided Lyon’s election as Bayelsa governor elect

    The Supreme Court on Thursday voided the election of Bayelsa State Governor-elect, David Lyon, on the grounds that his running mate, Biobarakuma Degi-Eremienyo, presented false personal information to contest the November 16, 2019 governorship election in the state.

    A five-man panel of the court led by Justice Mary Peter-Odili, held in a judgment that Degi-Ermienyo, was not qualified to have contested the election with Lyon.

    The court therefore affirmed the November 12, 2019 judgment by Justice Inyang Ekwo of the Federal High Court(FHC), Abuja which disqualified Degi-Eremienyo for submitting forged certificates with multiple names to the Independent National Electoral Commission (INEC).

    The apex court set aside the judgment of the Court of Appeal on the case, which had reversed the decision of the FHC.

    Justice Ejembi Ekwo, who read the apex court lead judgment, held that the deputy governor-elect presented forged certificates to secure clearance for APC deputy governorship ticket.

    Ekwo added that in view of the discrepancies in the names on the certificates submitted by Degi-Eremienyo to INEC, he was not qualified for the election.

    The judge noted that it was established from the documents submitted that the deputy governor-elect forged the certificates and fraudulently used different names when it suited him.

    He also noted that the deputy governor-elect and the APC did not dispute the affidavit deposed to by the appellant that the multiple names were clearly and fraudulently used in the form CF001 submitted to INEC.

    Justice Ekwo, who listed the multiple names on the primary school leaving certificate, General Certificate of Education (GCE), first degree, NYSC discharge certificate and Masters degree, which bore different names, did not take steps to correct the multiple names on the certificates.

    The judge held that an affidavit of regularisation of names purportedly tendered by Degi-Eremienyo and published in the Chronicle (which he tendered at the trial court) was a futile attempt to justify the multiplicity of names submitted to INEC and contained on his certificates.

    He held that the primary school certificate obtained in 1976, GCE obtained in 1984, first degree obtained in 1990 and others were a product of forgery and that Degi-Eremienyo violated Section 182 of the Constitution.

    Some of the certificates and names are: First School Leaving Certificate in 1976 with the name: Degi Biobaragha; West African Examinations Council General Certificate of Education (GCE) in 1984 in the name of Adegi Biobakumo, and First degree certificate of the Rivers State University of Science and Technology in the mane of Degi Biobarakuma.

    Justice Ekwo faulted Degi-Eremienyo’s claim that he regularised the discrepancies in his name by deposing to an affidavit and publishing it in a newspaper and held that he did not comply with the right procedure.

    He then voided the joint ticket of Lyon and Degi-Eremienyo and set aside their participation in the governorship election on the grounds that the deputygovernor-elect’s disqualification had affected the joint ticket with which they contested the poll.

    He then ordered INEC to withdraw the Certificate of Return issued to the APC candidates as the winners of the election .

    The apex court also ordered INEC to issue fresh certificates to the candidates of the party with the next highest votes and with the required constitutional spread of votes in the results of the election, which are the Peoples Democratic Party candidates.

    The judge said: “It is nothing new to say that affidavit of change, correction and confirmation of name has to be by Deed Poll and not mere deposition.

    “It must be stated that such correction or change will necessarily affect National Record and Archives of the country.

    “Therefore, the deponent, after executing a Deed Poll, has to approach the Nigeria Civil Registry to have the change published in a gazette. None of these was done in this case.”

    In faulting Degi-Eremienyo’s claim that his academic credentials were issued to him with errors in the names, the judge said: “I need to say one more thing on this.

    “The 3rd defendant (Degi-Eremienyo) avers that the First School Leaving Certificate was issued to him in 1976 with error in the name therein. He also claims that WAEC GCE Certificate was issued to him in 1984 with error in his name.

    “There is no evidence before me that the 3rd defendant ever made any representation to the respective authorities that issued the certificates for correction. He would have done this if he was the rightful owner.

    “It is only the right owner of a certificate that can approach the institutions that issued him such certificate to complain about any error therein and have same corrected.

    “Any person who brandishes a certificate that does not have his name on it but claims that the name thereon is his but there error on the name yet he has made no attempt to have the institution that issued the certificate to correct the said error is not the owner of the certificate. This is a matter that leaves no room for presumption. “

  • Bayelsa: Be careful of your utterances, PDP warns Oshiomhole

    The Peoples Democratic Party (PDP) on Thursday fired back at the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, over the comments he made on the ruling of the Supreme Court on the Bayelsa State Governorship election.

    Oshiomhole, earlier on Thursday while reacting to the sacking of APC’s David Lyon by the apex court, had insisted that Lyon was democratically elected and vowed that “Nobody will be sworn in on Friday as the new governor in Bayelsa State.”

    However, in a statement signed by Kola Ologbondiyan, National Publicity Secretary, PDP described Oshiomhole’s comment as an empty and inconsequential ranting.

    The party warned Oshiomhole, to steer clear of Bayelsa State as his apparent plots to trigger violence in the state has failed.

    The PDP further counseled Oshiomhole to be careful with his utterances and not use any forms of venomous garrulity and clear misuse of language to destabilize our nation and truncate our hard-earned democracy.

    “The people of Bayelsa state knows as a fact that the Independent National Electoral Commission (INEC) under our laws, cannot take instructions from any individual, let alone a factional national chairman of a dysfunctional political party like the APC.

    “The PDP, as a law-abiding party, counsels Oshiomhole to rein in himself and desist from all odious designs against Bayelsa state, her people and government.

    “The PDP also calls on the people of Bayelsa state to remain calm as their mandate has been restored and cannot be taken away by the ranting of any individual who has no stake whatsoever in the wellbeing of his own home state.”

  • Bayelsa: PDP commends Lyon‘s sack, urges Supreme Court to right wrongs on Imo

    Bayelsa: PDP commends Lyon‘s sack, urges Supreme Court to right wrongs on Imo

    The Peoples Democratic Party on Thursday lauded the judgment of the Supreme Court, which nullified the election of the candidate of the All Progressives Congress, Mr David Lyon, and his running mate, Biobarakuma Degi-Eremienyo and declared the PDP candidate, Senator Douye Diri, and his running mate, Senator Lawrence Ewrujakpor, as the winners of the November 16, 2019 election.

    The PDP National Publicity Secretary, Mr. Kola Ologbondiyan, in a statement, however, insisted that the apex court must, according to him, right the wrongs in the Imo State governorship election judgment which sacked its candidate, Chief Emeke Ihedioha and declared the APC candidate, Senator Hope Uzodinma, as the duly elected governor of the state.

    Ologbondiyan said the Bayelsa judgment will not change the course of its demand that the Supreme Court rectifies the perceived manifest mistakes contained in its judgment on the Imo State governorship election.

    According to him, the Supreme Court will be redeeming its image and restoring public confidence on its infallibility by reviewing the Imo verdict given the manifold unjustifiable mistakes contained in that judgment.

    He congratulated the people of Bayelsa State, the governor-elect, Senator Douye Diri and his deputy governor-elect, Lawrence Ewrujakpor, as their mandate has been restored.