The Official Summary of the Supreme Court judgment that sacked the Governor-elect of Bayelsa State, David Lyon, and his Deputy, Biobarakuma Degi-Eremieoyo, has emerged.
Different interpretations had been given to the judgment by the All Progressives Congress, the party declared winner by the Independent National Electoral Commission in the November 16, 2019 election, and the Peoples Democratic Party, whose candidate, Senator Duruoye Diri, came a distant second.
While the National Chairman of the APC, Adams Oshiomhole, said the Supreme Court should have called for a fresh election, the PDP has already congratulated Diri as the incoming governor.
The judgement summary sighted by The Eagle Online has nine highlights:
1. that this appeal be and is hereby allowed;
2. that the judgment of the lower Court delivered on the 23rd day of December, 2019 be and is hereby set aside;
3. that the judgment of the Trial court delivered on the 12th day of November, 2019 including all the orders made therein be and is hereby reinstated;
4. that the Joint ticket of the 1st and 2nd Respondents sponsored by the 3rd Respondent was vitiated by the disqualification of the 1st Respondent;
5. that both Candidates disqualified be and are hereby deemed not to be candidates at the Governorship Election Conducted in Bayelsa State;
6. that INEC (the 4th Respondent herein) declare as winner of the Governorship Election in Bayelsa State the candidate with the highest number of lawful votes cast with the requisite constitutional (or geographical) spread;
7. that the 4th Respondent (INEC) shall withdraw the Certificate of Return issued to the 2nd and 1st Respondents and issue Certificate of Return to the Candidate who had the highest number of lawful votes cast in the Governorship Election and who also had the requisite constitution (or geographical) spread;
8. that the Parties bear respective Costs; and
9. that by consent of all Counsel, Appeal SC.2/2020 shall abide the outcome of the Appeal No. SC. 1/2020.
The Summary was signed by the Chief Registrar of the Supreme Court.
The Supreme Court had on Thursday sacked Lyon and Degi-Eremienyo as the Governor-elect and Deputy Governor-elect in the November 16, 2019 Bayelsa State governorship election.
Justice Ejembi Eko, who delivered the lead judgment, reinstated the November 12, 2019 judgment of the Federal High Court in Abuja that disqualified Degi-Eremieoyo from participating in the governorship poll.
The court held that the trial court was right in finding the Deputy Governor-elect guilty of presenting false information to the Independent National Electoral Commission.
The Justice Mary Odili-led panel held that no person shall be qualified to contest election if he presented false information for the purpose of the election.
The apex court ordered that the Certificate of return be withdrawn immediately from the governor and his deputy and be issued to the candidate with the second highest votes in the November 16, 2019 election.
The apex court held that the nomination form Degi-Eremieoyo submitted to INEC for the purpose of the November 16, 2019 governorship election in the state contained false information of fundamental nature.
The Peoples Democratic Party had asked the court to regard the discrepancies in Degi-Eremienyo’s certificates as major impediments to his candidacy.
It accused the All Progressives Congress running mate of providing different names at all levels of his education.
The PDP alleged in its case that Degi-Eremienyo’s name was written as Degi Biobara in his primary school certificate, the documents from his secondary education bore Adegi Biobarakumo as his name, while that of his university education had Degi Biobarakuma as his name.
Also, the result from his MBA certificate had Degi Biobarakuma Wangaha as the name of the same person.
The Court of Appeal in Abuja had dismissed the PDP’s case and affirmed the candidacy of the deputy governor-elect in the November 16, 2019 governorship election in the state.
The judgment set aside the November 12, 2019 verdict of Justice Inyang Ekwo of the Federal High Court in Abuja disqualifying Degi-Eremieoyo as the APC’s deputy governorship candidate in the poll.
The Appellate court held that the Federal High Court judge erred in his decision disqualifying the APC’s deputy governorship candidate.
It held that there were not enough grounds for the Federal High Court to rule the way it did, adding that the allegation that Degi-Eremienyo gave false information to INEC was not proved as required.
It faulted the lower court’s reliance on Section 31(5 and 6) of the Electoral Act in disqualifying the APC’s deputy governorship candidate.
The court added that the allegations against Degi-Eremienyo were criminal in nature, which required proof beyond reasonable doubt.
It said the different names contained in the appellant’s Form CF 001, his First School Leaving Certificate and General Certificate of Education belonged to the same person, going by the supporting affidavit of change of name and newspaper publication.
The appellate court therefore set aside the Federal High Court’s judgment and awarded N500,000 cost against the respondents in favour of the appellants.
The Federal High Court had in its judgment held that Degi-Eremienyo gave false information to INEC about his academic qualifications allegedly evidenced by the discrepancies in the names contained in his credentials.
The trial court also held that the names on the different documents attached to his Form CF001 were said to be Biobarakum Degi-Eremienyo, Degi Biobaragha, Degi Biobarakuma, Adegi Biobakunmo and Degi-Eremienyo Wangagha.
The APC’s candidate was said to have claimed to have obtained “his First School Leaving Certificate in 1976” and presented to INEC “a First Leaving School Certificate of one Degi Biobaragha other than the one bearing his name Biobaragha Degi-Eremieoyo as shown in his INEC Form CF001.”
He was also said to have claimed to have “obtained his West African Examinations Council General Certificate of Education in 1984” and presented to INEC, “a GCE certificate of one Adegi Bibakuo other than the one bearing his name Biobarakuma Degi-Eremieoyo as shown in his INEC Form CF001.”
Justice Ekwo held that there was no evidence to prove that the documents with different name variations were his.
He ruled: “I further hold that the information given by the 3rd defendant on Form CF.001 that the documents thereto attached as his have not by any iota of credible evidence been so established.
“The information is false in all material particular as none of the said documents have any nexus with the name of the 3rd defendant (Degi-Eremienyo) on the said Form CF001.”
The judge went on to make a declaration: “That the information which the 3rd defendant submitted to the 2nd defendant in his INEC Form CF001, that affidavit in support of personal particulars of person seeking election to the office of the Deputy Governor of Bayelsa State is false contrary to section 31(5) of the 2010 Electoral Act (as amended).”