Suit For Diri’s Disqualification: Court Fixes April 22 For Judgment

A Federal High Court sitting in Abuja, on Wednesday, fixed April 22 for judgment in a suit seeking the disqualification of Governor Douye Diri of Bayelsa State and his deputy, Lawrence Ewhrudjakpo.
Justice Emeka Nwite fixed the date after counsel to the plaintiff, Ifeanyi Nwosu, and lawyers to the governor and deputy, Reuben Egwuaba, including that of the Peoples 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 November 11, 2023, Bayelsa governorship election, a fresh suit seeking Messrs Diri and Ewhrudjakpo’s disqualification commenced before Justice Nwite.
The judge had, on November 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 Yenagoa, 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 Sen. Diri, Sen. 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 Sen. Diri and Sen. 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 then forthcoming election in Bayelsa.
It further sought a declaration that Sen. Ewhrudjakpo was not qualified to run as deputy governor under the PDP.
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,” he said.
Gov. Diri and his deputy also filed their counter affidavit to oppose the application.
INEC had declared Gov. 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).