Godwin Tsa, Abuja
The Court of Appeal on Monday struck out an application by members of the James Femowei led factional National Executive Officers (EXCO) of the Advanced Nigeria Democratic Party (ANDP), seeking to be joined in the appeal challenging the judgment of the Bayesla Governorship petition tribunal.
The tribunal had in a majority judgement by two out of the three-man panel of Justices, voided the outcome of the gubernatorial election that held in the state on November 16, 2019, over the exclusion of one of the registered political parties, Advanced Nigeria Democratic Party, ANDP, in the contest
In a unanimous ruling, a three-man panel of the appellate court led by Justice Stephen Adah struck out the joinder application while ruling on the preliminary objection filed by counsel to the ANDP, Kehinde Ogunwumiju (SAN).
Justice Adah in his ruling agreed with the lawyer that the application was frivilous and unnecessary.
While holding that the applicants as executive members of the party lacked the locus standi to file and application to be joined in an election petition.
The court specifically held that “by the provision of sections 133 and 137 of the Electoral Act, 2010 (as amended), the applicants are not one of the persons entitled or ordered an election petition or appeal.
“There is no room for executive members of a political party to be joined in an election petition. The Notice of preliminary objection is upheld as the applicants have no locus standi to bring the motion,” Justice Adah ruled.
Besides, the court described the application which was argued by their counsel, Dominic Anyiador as an attempt to waste the time of the court in entertaining the appeal before it.
The court accordingly ordered the applicants to pay the cost of N200, 000 to each of the three set of respondents.
Those who brought the ill fated application for joinder as interested parties to the appeal were James Femowei; factional Chairman of the ANDP, Barnabas Nwaguma (National Vice Chairman); Fortune Oyadonghan (National Publicity Secretary); Fred Ikhaghu (National Director NGO/Volunteers) and Mrs. Linda Nyam (Director Admin/Records).
Meanwhile, the Court of Appeal has fixed September 23 to commence hearing in the six pending appeals before it.
Justice Adah stated that in the said date, the court will entertain the application filed by counsel to Governor Duoye Diri, Gordy Uche (SAN) seeking the consolidation of the six pending appeals.
The tribunal had on 17th August nullified the election of Governor Douye Diri and his deputy, Lawrence Ewhrudjakpo on grounds that the Independent National Electoral Commission unlawfully excluded the Advanced National Democratic Party from the November 16, 2019 governorship election in the state.
The appeals before the court are filed by Governor Douye Diri, INEC, PDP, Ibinene Stephen, Owei Woniwei and Vijah Opuma.
In his 12 grounds of appeal, Governor Diri urged the appellate court to set aside the majority judgement of the Bayelsa State Governorship Election Petitions Tribunal which nullified his election, and uphold the Minority verdict.
Two members of the panel, Justices Sikiru Owodunni and Yunusa Musa, said they found merit in ANDP’s contention that it was unlawfully excluded from participating in the governorship election by INEC, despite the fact that it fulfilled all the statutory requirements.
Justice Musa who read the lead judgement in the matter, upheld the petition, saying the tribunal was satisfied that INEC illegally excluded ANDP and its governorship candidate, King George, from the election.
He held that INEC lacked the powers to disqualify ANDP’s candidates, after it failed to act on a letter the party wrote to be allowed to substitute its deputy governorship candidate.
However, in a dissenting judgement, Chairman of the tribunal, Justice Ibrahim Sirajo, affirmed governor Diri’s election after he dismissed the petition for being statute-barred.
Justice Sirajo said there was evidence that ANDP was disqualified from the election for fielding an ineligible candidate.