Bayelsa, Kogi Polls: Court Dismisses APP’s Appeal Against INEC

The Abuja division of the Court of Appeal yesterday dismissed the appeal brought by the Action Peoples Party (APP) against the Independent National Electoral Commission (INEC) over the exclusion of it’s candidates from participating in the 2019 governorship election in Bayelsa and Kogi States.
The appeal was dismissed just after the Bayelsa State Governor Douye Diri, his deputy, Lawrence Ewhrudjakpo and the Peoples Democratic Party had asked to be joined in the appeal as respondents.
Also yesterday the Kogi state governor, Yahaya Bello and his political platform, the All Progressive Congress (APC), had equally approached the court to be joined as respondents in the appeal.
However, when the matter was called up, counsel to the appellant, Obed Agu drew the attention of the court to a motion of withdrawal of the appeal filed on April 14.
Agu told the court that his client was desirous of withdrawing the appeal in accordance with order 11 Rule 1 of the Court of Appeal rules 2015.
His application was not opposed to by counsel to INEC, Alhassan Umar (SAN) and those representing parties seeking to be joined in the appeal.
Umar however asked the court for N3m cost against the appellant.
Other counsels representing parties seeking to be joined in the matter did not oppose the motion for withdrawal of the appeal but demanded that it be dismissed.
Delivering it’s ruling, a three-man panel of the court led by the acting President, Justice Monica Dongban-Mensem dismissed the appeal in line with order 11 Rule 5 of the Court of Appeal rules.
The court however refused to award cost against the appellant on the ground that the only respondent on record, the INEC, did not file it’s response to the appeal.
Justice Mensem who delivered the unanimous ruling said the preliminary objection filed by INEC against the appeal cannot stand on its own without a respondents brief.
The appeal marked CA/ABJ/CV/218/2020 is challenging the judgment of Justice Ijeoma Ojukwu of the Abuja division of the Federal High Court delivered on February 21st, wherein she held that INEC was right to have excluded candidates of the party (APP) in the governorship election in Kogi and Bayelsa states in 2019.