Godwin Tsa, Abuja

It was Justice Inyang Ekwo of the Abuja division of the Federal High Court who laid the foundation for the political misadventure of the All Progressives Congress (APC) and its governorship candidate in Bayelsa State, David Lyon which eventually led to the nullification of his mandate through a pronouncement of the Supreme Court.

In his erudite judgment of November 12, 2019, which was affirmed by the apex court, Justice Ekwo disqualified the Bayelsa State deputy governorship candidate of the APC, Biobarakuma Degi-Eremienyo, after he found him guilty of supplying false information to the Independent National Electoral Commission (INEC), thus, invalidating his participation in the November 16 governorship election.

The judgement followed a pre- election suit marked FHC/ABJ/CS/1101/2019 which the Peoples Democratic Party, PDP, its governorship candidate, Douye Diri, and deputy governorship candidate, Lawrence Ewhruojakpo, instituted before the court.

Cited as defendants in the matter were Bayelsa APC governorship candidate, David Lyon, Degi-Eremienyo and INEC. The court said it was satisfied that the APC deputy governorship candidate gave false information in the form CF001 he submitted to INEC to contest the election.

It held that all the documents containing his educational qualifications bore different names without reasonable explanation by him as to the multiplicity of his names. The various names on the documents attached to his Form CF001 were said to be: Biobarakum Degi-Eremienyo, Degi Biobaragha, Degi Biobarakuma, Adegi Biobakunmo, Degi-Eremienyo Wangagha.

His first school leaving certificate was issued in 1976 in the name of one Degi Biobaragha; the West African Examination Council GCE certificate of June, 1984 issued in the name of one Adegi Biobarakumo; Rivers State University of Science and Technology, B.SC degree certificate issued in the name of Degi Biobarakuma 1990; Rivers State University of Science and Technology, M.SC degree certificate in Business Administration (MBA) 2002; National Youth Service Corps certificate of exemption in 1990; statutory declaration of age deposed to on behalf of Biobarakuma Degi in 1990 reaffirming his name as Biobarakuma Degi and date of his birth as 22nd February 1959.

The court held that there was no reasonable explanation as to why he should present or claim his name and personal identification and or documents of qualification in five different persons’ names being also different from his known or official names supplied by him without any evidence of change of names.

“The documents bearing such different names are on their faces and real value containing false information.

“The notary public before whom he made the deposition ought to know that he did not issue the certificates and was only helping to do that which is absolutely wrong in law. The said affidavit of correction and confirmation of name does not conform to the proper manner of changing or correcting a name.

“Affidavit of regularization of name was deposed to on 18th September, 2018 by another notary public who is faceless. Assuming that it was properly made, the deposition thereof is another attempt to correct the names on the first school leaving certificate, which was issued in 1976 and WAEC GCE certificate, which was issued in 1984.

“How many depositions are required to change the name on the FSLC purportedly issued in 1976 and WAEC certificate purportedly issued in 1984. Again, this is fraudulent. It is only the issuing authority of those documents that have the power to correct anything thereon and without such evidence of correction, he cannot claim to be the person referred to therein. To round up the futility, the notary public before whom he made the deposition did not even state his name thereby invalidating the affidavit.”

The court further held that there is no nexus between the names on the certificates with the name of Biobarakuma. Justice Ekwo held that by supplying false information to INEC, the defendant, acted in breach of section 31(5) and (6) of the 2010 Electoral Act, stressing that since Form CF001 is a document validated by oath, “the consequence of lying on oath is grave.”

Relying on a decided case law in Action Congress V. INEC (2007), he held that, “where a candidate is found to have lied on oath, a court must issue an order disqualifying such a candidate from contesting the election.”

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 that, “I further hold that the information given by the 3rd defendant on Form CF001 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).”

He also said, “A declaration is hereby made that by virtue of the mandatory constitutional and statutory provisions of sections 6(6), 186 and 187(1) and (2) of the 1999 Constitution (as amended), the 3rd defendant stands disqualified from contesting the forthcoming Bayelsa State Governorship election as Deputy Governor, slated for November 16, 2019 or any other state thereabout on the platform of the 1st defendant (APC) or any other political party by reason of the fact that the 3rd defendant has presented false information as to his educational qualifications or name in INEC Form CF001 in support of his nomination contrary to section 31(5) and (6) of the 2010 Electoral Act (as amended).

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“An order is hereby made disqualifying the 3rd defendant as the Deputy Governorship candidate of the 1st defendant (APC) in the November 16, 2019 Bayelsa State governorship election by reason of the 3rd defendant presenting false information to the 2nd defendant (INEC) in support of his nomination contrary to section 31(5) and (6) of the 2010 Electoral Act (as amended).”

Dissatisfied with the judgment of the trial court, Degi-Eremienyo, approached the Abuja division of the Court of Appeal demanding that it should be set aside to enable him participate in the November 16 governorship election that the APC eventually won.

A three-man panel chaired by Justice Stephen Adah in a unanimous judgment held that the High Court erred in law and in breach of the appellant’s right to a fair hearing. Justice Adah said the case which was brought under Section 36 of the Electoral Act is criminal in nature and the respondents in the case ought to prove beyond a reasonable doubt that Senator Degi-Eremienyo gave false information in his form C001 submitted to INEC as part of his qualifications to contest the election.

“I agree with the appellant that the owner of the school leaving certificate and the GCE certificate are one and the same and I therefore set aside the judgment of the court below,” Justice Adah said.  The court said Degi-Eremienyo submitted an affidavit to prove that the names Adeyi-Eremienyo on his school-leaving certificate are the same as Degi-Eremienyo on his GCE certificate and newspaper cuttings announcing a change of name.

Not deterred, the PDP and its candidate appealed to the Supreme Court seeking for the setting aside of the judgment of the intermediary appellate court and to restore the judgment of the trial court per Justice Ekwo.

On Thursday February 13, a five-member panel of Justices of the  Supreme Court led by Justice Mary Odili heard the appeal and gave judgment same day. Delivering the lead judgment of the court, Justice Ejembi Eko simply stamped the decision of the trial court in holding that the appeal was meritorious.

Justice Ejembi Eko, who read the judgment, noted that the “claims” by Degi-Eremienyo appeared to be “fraudulent”, pointing out to “several names he uses variously chameleonically to suit the changing environment.” He ruled that Degi-Eremienyo’s disqualification on the basis of submitting false information to INEC had infected the joint ticket with which he and Lyon contested the election and emerged victorious.

He said, “In sum total, the joint ticket of the first and second respondents (Lyon and Degi-Eremienyo) sponsored by the 3rd respondent, APC, was vitiated by the  disqualification of the first respondent (Degi-Eremienyo).

Justice Ejembi Eko, who read the judgment, noted that the “claims” by Degi-Eremienyo appeared to be “fraudulent”, pointing out to “several names he uses variously chameleonically to suit the changing environment.” He ruled that Degi-Eremienyo’s disqualification on the basis of submitting false information to INEC had infected the joint ticket with which he and Lyon contested the election and emerged victorious.

He said, “In sum total, the joint ticket of the first and second respondents (Lyon and Degi-Eremienyo) sponsored by the 3rd respondent, APC, was vitiated by the  disqualification of the first respondent (Degi-Eremienyo). Both candidates disqualified are deemed not to be candidates in the governorship election.”

Delivering the lead judgment, Justice Eko,  nullified the APC’s victory, restored and affirmed the earlier judgment of Justice Inyang Ekwo of the Federal High Court in Abuja, which disqualified Degi-Eremienyo’s candidacy and nullified the party’s ticket for the poll.

He set aside the December 23, 2019 judgment of the Court of Appeal in Abuja, which had contrary to the Federal High Court’s decision validated the former deputy governor-elect’s candidacy. Upholding the finding on Thursday, the apex court held that the affidavits of correction of names and regularisation of names filed by him were not enough, as he ought to have followed the laid down legal procedures.

The Supreme Court also held that “having not approached the authorities which issued the certificates of academic qualifications in 1976 (the first school leaving certificate) and 1984) (the West African School Certificate/GCE), the first respondent’s brandishing of the certificates using affidavit to assert the ownership of the certificates was erroneous.”

The apex court held that “clearly, the lower court (Court of Appeal) erred when it held that the affidavit of correction of names sworn to by the first defendant” had corrected the numerous discrepancies in his names in August.”

He said, “Section 182(1)(j) of the 1999 Constitution provides that nobody shall be qualified for an election for the governor of a state if he has presented a forged certificate to the Independent National Electoral Commission”, adding that “the word, fraud” could mean “fabricating, framing and inventing false identification and making deliberate falsehood”.

He  added that, “The lower court (Court of Appeal) was wrong that the appellants did not establish that what the first respondent in Form CF 001 presented to INEC contained materially false information as to the personal particulars of the first respondent.

“The trial court on the contrary was right. On this issue I also allow the appeal,  set aside the judgment of the lower court delivered on  23 December 2019 and I hereby reinstate the judgment of the trial court delivered on November 12, 2019 including all the orders made therein.”

The Supreme Court ruled that the votes credited to the APC’s candidates were wasted. Consequently, the court ordered INEC to withdraw the certificates of return issued to Lyon and Degi-Eremienyo as the winners of the poll.

It  further ordered fresh ones to be issued to the governorship and deputy governorship candidates of the party with the highest votes and met the constitutional spread of votes in the election. Finally, it also ordered the newly declared winners of the election to be sworn in at the appropriate time.