Godwin Tsa, Abuja and Femi Folaranmi, Yenagoa
Abuja division of the Court of Appeal has stopped the Independent National Electoral Commission (INEC) from executing the judgment of a Federal High Court which disqualified candidates of the All Progressives Congress (APC) from participating in the Bayelsa state governorship election slated tomorrow.
With the stay of execution order from the intermediate appellate court in its kitty, the coast is now clear for the party to participate in the election.
Justice Inyang Ekwo of the Abuja Division of the Federal High Court had, on Tuesday, November 12, threw legal spanners in the wheel of the party ahead of the election, when he disqualified governorship candidate of the APC, Biobarakuma Degi-Eremienyo on the grounds that he lied on oath.
Specifically, the judge held in his judgment that Form CF 001 submitted to INEC by the deputy governorship candidate contained some discrepancies.
It was the position of the trial court that the INEC’s Form CF001 is a document validated by oath, and “the consequence of lying on oath is grave.”
According to the judge, “where a candidate is found to have lied on oath, a court must issue an order disqualifying such a candidate from contesting the election,” and went ahead to disqualify Degi-Eremienyo from the Saturday governorship poll.
But dissatisfied with the judgment, Degi-Eremienyo and the APC governorship candidate, David Lyon, approached the appellate court seeking an order setting it aside to enable them participate in the governorship poll.
In addition, they filed a motion for stay of execution of the said disqualification order of the lower court.
The three-man panel of justices, led by Justice Stephen Adah, after listening to the submission canvassed by counsel to the appellants, Damian Dodo (SAN), granted the motion ex parte as prayed and stayed the execution of the judgment of the lower court pending the hearing and determination of the appellants’ motion on notice.
The Court of Appeal held that: “That the status quo ante bellum which existed on or before September 19, 2019 when the suit was filed be maintained pending the hearing and determination of the Motion on Notice.
“An interim order for stay of judgment of the lower court delivered on November 12, 2019 pending the hearing and determination of the Motion on Notice…”