A Federal High Court , Abuja on Monday adjourned the suit seeking the disqualification of Governor Douye Diri of Bayelsa State and his deputy, Lawrence Ewhrudjakpo, until March 18 for hearing.
The suit, listed as number 14 on the cause list, could not go on due to the volume of work before Justice Emeka Nwite.
The court, therefore, fixed March 18 for the hearing.
The News Agency of Nigeria reports that Justice Nwite had on November 30, 2023 fixed today for the hearing after the suit was stalled.
Less than nine days to the November 11, 2024 Bayelsa State governorship election, a fresh suit seeking Diri’s and Ewhrudjakpo’s disqualification commenced before Justice Nwite.
The judge had on November 3, 2024 granted the ex-parte motion moved by plaintiff’s counsel, Ifeanyi Nwosu, seeking a leave to serve Diri and Ewhrudjakpo at the Government House in Bayelsa State through courier service.
The suit, marked: FHC/ABJ/CS/1448/23, and filed by a Bayelsa woman, Blessing Clement Azibanagbal, through her lawyer, Nsowu, listed Diri, Ewhrudjakpo, Peoples Democratic Party and Independent National Electoral Commission as 1st to 4th defendants respectively.
The suit sought an order of mandatory injunction directing INEC to remove the names of Diri and Ewhrudjakpo as PDP’s candidates in the November 11 poll.
It also sought an order of perpetual injunction restraining INEC, its agents, privies or whosoever called, from further publishing their names as standard bearers for the party in the forthcoming election in Bayelsa State.
It further sought a declaration that Ewhrudjakpo was not qualified to run as deputy governor on the platform of the PDP.
Azibanagbal, in the originating summons dated October 26 and filed on October 30, sought a declaration that Ewhrudjakpo was also not qualified to be Diri’s running mate.
Besides, she prayed the court to declare that Ewhrudjakpo had multiple names without any evidence to prove “that he is the same person”.
She, therefore, urged the court to declare that the PDP had no candidate in the poll.
But the PDP, in a notice of preliminary objection dated November 28 and filed November 30 through its lawyer, A.K. Ajibade (SAN), prayed the court to dismiss or strike out the suit for being statute-barred.
It also urged the court to dismiss the suit for not disclosing reasonable cause of action against the defendants.
Giving five grounds, the PDP argued that Azibanagbal’s case was founded on pre-election matters and the time prescribed by the constitution to initiate such a suit had elapsed.
…
It argued that the court lacked jurisdiction to hear and determine a suit that was already statute-barred.
“This honourable court lacks jurisdiction to hear and determine a suit where and when the plaintiff’s suit failed to disclose cause of action and/or reasonable cause of action,” it said.
Meanwhile, INEC declared Diri the winner of the November 11 poll after he scored the highest votes to defeat other candidates, including Timipre Sylva of the All Progressives Congress.
