*Sets aside disqualification order
The Court of Appeal sitting in Abuja on Monday declared that the Deputy Governorship candidate of the All Progressive Congress (APC), in the November 16, Governorship Election in Bayelsa State, Senator Biobarakuma Degi-Eremieoyo was qualified to contest the election.
A three man panel of the Court of Appeal in a judgment held that Degi-Eremienyo, met the necessary academic qualification for contesting the election.
The panel presided by Justice Stephen Adah, consequently set aside the judgment of a Federal High Court in Abuja, which had earlier disqualified the APC Deputy Governor Elect.
Justice Inyang Ekwo had in a judgment delivered on November 12, disqualified the APC Governor Elect on grounds of giving false information to the Independent National Electoral Commission (INEC).
However the appellate court in a judgment set aside the judgment of justice Ekwo on the grounds that the lower court erred in arriving at the conclusion that the alleged false information was enough grounds to disqualify the contestant.
According to the judgment, the qualification for a governor or deputy is set out in the Constitution, and that section 31(5&6) of the Electoral Act is not part of the grounds for the disqualification of a candidate.
Consequently, the appellate court held that the lower court was wrong to have activated section 31(5&6) in disqualifying the contestant.
In the unanimous judgment delivered by Justice Rilwan Abdullahi, the Court of Appeal, also held that their was nothing to prove that Senator Degi-Eremienyo gave false information to INEC.
According to the court, the issues raised in the suit are criminal in nature, which places the burden of proof on he who alleges, adding that the respondents failed to prove their claims beyond reasonable doubt.
The Court of Appeal said that the lower court was also wrong to have determined the suit which facts are in dispute through an affidavit evidence, adding that by so doing the lower court breach the right of fair hearing of the appellants.
The Court in addition held that the different names contained in the appellant form CF 001, his first leaving school certificate and General Certificate of Education (GCE) belongs to the same person, going by the supporting affidavit of change of name and newspaper publication.
“The appeal has merit and it is hereby allowed, the judgment of the lower court delivered on November 12 is hereby set aside. Order is hereby made dismissing the suit of the respondents.
“500,000 Naira cost is awarded against the respondents in favour of the appellants”, the court held.