Politics
A’Court upholds Diri election, gov worries over endless cases
The Court of Appeal sitting in Abuja on Friday reversed the nullification of the November 16, 2019 governorship election that produced Duoye Diri as governor of Bayelsa State and affirmed his election.
The five-man panel in a unanimous judgment, delivered by Justice Obande Ogbuinya, held that the majority judgment of the Bayelsa State Governorship Election Petition Tribunal erred in law when it held that the petition of the Advanced Nigerian Democratic Party (ANDP) was not statute barred, according to a THISDAY report.
The tribunal had in a two-to-one judgment in August annulled the election of November 16, 2019 Governorship Election in Bayelsa State on the grounds of unlawful exclusion of the ANDP from the poll.
The tribunal consequently ordered the Independent National Electoral Commission to conduct a fresh election that will include the ANDP and its governorship candidate within 90 days.
However, Diri approached the appellate court to set aside the majority judgment on the grounds that the majority judgment was flawed.
Delivering judgment in the appeal yesterday, the appellate court held that there was enough evidence to show that the case of the first respondent (ANDP) was statute barred because it was not filed within 14 days as prescribed by law.
Ogbuinya, in the judgment, agreed with the appellant that the case of the ANDP was a pre-election matter, which ought to be filed within 14 days but was filed five months after the cause of event.
Specifically, the court held that the cause of action of the ANDP arose on September 27, 2019, when INEC wrote the ANDP on the disqualification of its governorship candidate having not attained the age of 35 years as required by law, adding that the party ought to have approached a High Court to ventilate its anger 14 days from that date.
The judge said the ANDP, however, filed its petition at the Governorship tribunal in flagrant disobedience to section 285, adding that the tribunal is not a competent platform to institute such a pre-election case.
The appellate court further held that the documentary evidence used by INEC to disqualify the ANDP candidate on account of under-age was incorruptible because they were supplied by the candidate himself with an affidavit sworn to affirm the genuineness and authenticity of the supplied information.
In another ground of appeal, Justice Ogbuinya also agreed with the appellant that INEC has power to disqualify any candidate who does not meet the requirements for participating in an election.
According to the panel, INEC was right in excluding the ANDP from the November 16 governorship poll on grounds of its Deputy Governorship candidate, who was said to be under age at the time of the election.
Overall, Justice Ogbuinya held that the case of the appellant has merit and went ahead to set aside the majority judgment of the tribunal that annulled the November 16 governorship poll.
The Court of Appeal, in addition, affirmed the election of Diri as governor of Bayelsa State.
In another matter, the court dismissed the appeal filed by Mr. Ebizimo Diriyai, the candidate of the Accord Party, on the grounds that the allegation of certificate forgery brought against the Deputy Governor, Senator Lawrence Ewhrudjakpo, were not proved beyond reasonable doubt as required by law on criminal allegations.
Justice Folasade Ojo, who delivered the lead judgment agreed with Chukwuma Machukwu-Umeh, SAN, that the case of the Accord Party being a pre-election matter was statute barred and incompetent having been filed outside 14 days stipulated by the 1999 Constitution.
Justice Ojo also agreed with Machukwu-Umeh that the Accord Party and its governorship candidate made heavy weather in their certificate forgery allegations when in actual fact, the National Youth Service Scheme (NYSC) and the Department of State Service (DSS) have separately confirmed in the reports that mere correction was effected in the name of the deputy governor as contained in his Exemption Certificate.
The appellate court agreed that the allegations were weighty in nature as it could lead to automatic disqualification and also agreed that there was no scintilla of evidence to establish how a mere correction in the spelling of a name transformed into forgery.
The court therefore dismissed the appeal of the Accord Party and its governorship candidate in its entirety for being incompetent and lacking in merit.
Also giving the same reason, the court dismissed the petition of the Alliance for Democracy (AD) and Liberation Movement (LM) alongside their governorship candidates.
Diri Attributes Victory to God
Meanwhile, Diri, in a press statement by his spokesman, Daniel Alabrah, applauded the decision of the five-man panel of Justices for upholding the law and dispensing justice to all.
He attributed his victory to God whom he referred to as the Supreme Leader of the universe ruling over the affairs of men.
Diri said: “I want to thank God for this victory. Today, a Daniel came to judgement in the name of the Court of Appeal, which has given the true position of the law and we are happy about it.”
But Diri bemoaned the litany of electoral cases trailing his election, describing them as distractions, and stated that it was time “portfolio political parties” stopped fanning the embers of disunity in the state.
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2027: Dino Melaye heads to court over NRS chairman’s role in Tinubu campaign team
2027: Dino Melaye heads to court over NRS chairman’s role in Tinubu campaign team
Former Kogi West Senator Dino Melaye has announced plans to approach the court over the appointment of Nigeria Revenue Service (NRS) Executive Chairman Zacch Adedeji as Deputy Director of Fundraising in President Bola Tinubu’s 2027 presidential campaign council.
Melaye argued that Adedeji’s position as the head of Nigeria’s revenue-collecting agency raises serious questions about his participation in a partisan campaign organisation, particularly because the fundraising role involves mobilising financial support for Tinubu’s re-election bid.
The former senator, who is now a prominent member of the opposition African Democratic Congress (ADC), disclosed his plan in a video shared on his Facebook page.
He said he would commence legal proceedings on Monday, August 24, to challenge what he described as a potential conflict of interest involving the NRS chairman.
“The most disturbing part of the list released by the APC is seeing the chairman of the Nigerian Revenue Service, the body that collects our revenue, serving as Deputy Director in charge of fundraising for Tinubu’s presidential campaign,” Melaye said.
“Is there no conflict in this? As a lawyer, by the grace of God, on Monday, I’m heading to court. We have to test that. If that is not a conflict of interest, then I don’t know what would be.”
Melaye further argued that Adedeji is a public official who receives a government salary and is expected to comply with the rules governing public service.
He questioned how a serving head of a federal revenue agency could simultaneously occupy a senior political position in a presidential campaign structure.
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“That a civil servant, a man who earns a salary and is supposed to adhere to public service rules, is not just supporting a presidential candidate but serving as Deputy Director in charge of fundraising,” he added.
The controversy followed the unveiling of the APC Presidential Campaign Council for the 2027 election.
Under the structure announced by the ruling party, President Bola Tinubu is the chairman of the campaign council, while Vice President Kashim Shettima serves as Vice Chairman I and APC National Chairman Nentawe Yilwatda as Vice Chairman II.
Former Zamfara State Governor Abdulaziz Yari was named Director-General, while Imo State Governor Hope Uzodimma was appointed Secretary.
Ogun State Governor Dapo Abiodun was named Director of Fundraising, with Adedeji appointed Deputy Director of Fundraising.
Other senior figures were also given responsibilities across mobilisation, administration, election planning, logistics, parliamentary mobilisation and other areas of the campaign.
The APC has presented the structure as part of its preparations to secure victory for Tinubu in the 2027 presidential election.
Melaye, however, has criticised both the composition of the council and Tinubu’s decision to serve as chairman of his own re-election campaign structure.
He questioned the size of the campaign council and argued that the arrangement raised concerns about how the ruling party was organising its campaign ahead of the election.
His planned lawsuit, however, is specifically focused on the role of the NRS chairman in the campaign fundraising structure.
The proposed legal action could bring renewed attention to the rules governing the participation of serving public officials in partisan political activities.
The legal question will ultimately depend on the specific provisions Melaye relies upon and the interpretation placed on those provisions by the court if the suit is formally filed.
ADC attacks Tinubu campaign council
The controversy over Adedeji’s appointment comes alongside a separate criticism of the campaign council by the African Democratic Congress.
The opposition party accused the APC of using the campaign structure to provide political rehabilitation for individuals who, according to the ADC, still face unresolved questions relating to allegations of corruption and financial misconduct.
The party specifically questioned the inclusion of former Humanitarian Affairs Minister Betta Edu and former Nigeria Social Insurance Trust Fund chairman Ngozi Olejeme.
ADC National Publicity Secretary Bolaji Abdullahi said the government should explain the status of previous investigations involving the two former officials if they had been cleared of wrongdoing.
“If they have been cleared, the government should show how and when and by whom they were cleared,” Abdullahi said.
The opposition party argued that Nigerians deserved transparency regarding the outcome of corruption investigations before individuals previously associated with such controversies returned to prominent political positions.
The ADC alleged that some financial-crime investigations under the Tinubu administration had gradually disappeared from public attention before some of the individuals involved resurfaced in political activities.
The party said political usefulness should not replace accountability, particularly where allegations involving public funds had previously been raised.
ADC says 2027 election will test Tinubu’s record
The ADC also argued that the 2027 presidential election would be a referendum on Tinubu’s record since taking office in May 2023.
The opposition party said political mobilisation and campaign appointments would not erase the economic challenges facing Nigerians.
It pointed to concerns over the cost of living, inflation, food prices, transportation costs and household economic pressure, arguing that voters would ultimately judge the administration on its performance.
The party also renewed its call for measures aimed at cushioning the impact of economic reforms on Nigerians, including a targeted and controlled intervention on fuel prices.
The ADC proposed that any such intervention should have a clear spending limit, budgetary backing and independent auditing to ensure transparency.
The opposition party maintained that the 2027 election would therefore be fought not only around political alliances and campaign structures but also around governance, accountability and economic performance.
Melaye’s legal threat adds to growing 2027 contest
Melaye’s proposed court action introduces a legal dimension to the growing political contest ahead of the 2027 general election.
At the centre of the dispute is whether a serving head of a federal revenue agency can simultaneously perform a senior role in the campaign organisation of a presidential candidate, particularly one involving fundraising.
Melaye has said he intends to ask the court to determine whether the arrangement is compatible with the rules governing public officials.
As of Sunday, August 23, there was no indication that a court had already ruled on the matter. Melaye’s comments therefore amount to an announcement of planned legal action, rather than confirmation of a concluded court case.
The controversy is expected to attract further attention as political parties intensify preparations for the 2027 election and opposition groups increase scrutiny of the APC’s campaign structure.
For now, the APC has unveiled its campaign machinery, while Melaye has promised to test the legality of Adedeji’s appointment in court.
The dispute over the NRS chairman’s campaign role is likely to become part of the wider debate over public-sector neutrality, political participation by serving officials and the boundaries between government responsibilities and partisan electioneering ahead of 2027.
2027: Dino Melaye heads to court over NRS chairman’s role in Tinubu campaign team
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