The Independent National Electoral Commission has faulted the ruling by the Bayelsa State Governorship Election Petition Tribunal nullifying the November 16, 2019 governorship election in the state.

The tribunal nullified the election based on a petition by the Advanced Nigeria Democratic Party, which argued that it was unlawfully excluded from participating in the election.

INEC National Commissioner and Chairman, Information and Voter Education Committee, Mr Festus Okoye, in an interview with the News Agency of Nigeria on Monday in Abuja said the nomination by ANDP was invalid, adding that the party did not exercise its right guaranteed in the Fourth Alteration to the constitution by filing its suit within 14 days of the accrual of the said right.

He said the party conducted party primaries and submitted the name of one Peter David as its deputy governorship candidate.

He said, “As at the time of the submission of the name of the said candidate, he was 34 years-old, contrary to Section 177(b) of the constitution that makes it mandatory for a candidate for such office to attain the age of 35 years to be eligible to contest the election.

“In the candidate’s statutory declaration of age and an affidavit attached to his form, the party stated that he was born on February 10, 1985.

“On September 13, 2019, the commission wrote to the party drawing their attention to the constitutional age requirement of 35 years for governorship/deputy governorship candidates as stipulated in Section 177(b) of the constitution.

“The commission also informed them of the invalidity of their nomination for the November 16, 2019 governorship election in Bayelsa State.”

Okoye further stated that on September 21, 2019 and in response to the letter of the commission dated September 13, 2019, the ANDP wrote the commission acknowledging the invalidity of its nomination and forwarded the name of one Inowei Janeth as their new deputy governorship candidate.

“On September 27, 2019, the commission informed the party that the deadline for the submission of nominations as provided for in the Timetable and Schedule of Activities released by the commission on May 16, 2019 was Sept. 9, 2019.

“The commission also informed the party that since they did not submit a valid nomination, they couldn’t validly substitute any candidate.

“Consequently the name and logo of the party did not appear and was not reflected in the ballot paper.

“It is pertinent to note that the party did not exercise its right guaranteed in the Fourth Alteration to the constitution by filing its suit within 14 days of the accrual of the said right as the issues canvassed are pre-election issues,” Okoye said.

Abouwaza:
Hmm
So it's safe to say INEC is not ready for any election in Bayelsa

ORIENTATION101:
Inec should stop playing to the Gallery.

The court is clear on the ruling, inec have no constitutional power to remove a candidate or political party whether they re ineligible or not.

The power lies in the hand of competent court of jurisdiction to do so.

ORIENTATION101:
Inec should stop playing to the Gallery.

The court is clear on the ruling, inec have no constitutional power to remove a candidate or political party whether they re ineligible or not.

The power lies in the hand of competent court of jurisdiction to do so.

kcnwaigbo:

Then the higher courts will do the needful and disqualify the ineligible candidate.

BTW I thought you were boasting just yesterday that INEC won't appeal the judgement?

seunlayi:
underage - the party accepted this already by substituting the candidate but it was LATE. Stop defending was is not

ORIENTATION101:
so if there is no substitution of candidate for fresh Election . tell me how inec will add andp to fresh Election that the court orderd?

ORIENTATION101:
Inec should stop playing to the Gallery.

The court is clear on the ruling, inec have no constitutional power to remove a candidate or political party whether they re ineligible or not.

The power lies in the hand of competent court of jurisdiction to do so.

seunlayi:


It is more than this.

The points are listed above

Underage candidate
Substitution of the candidate was late
The party was communicated to the party
The party is not eligible to contest
They have no right to take the matter to court
we are know the party is just a figure-head party
....

Abouwaza:

Sponsored by these people?
I no wan call names

B4 you will be charged for 8speech

LadyExcellency:


You mean to tell us that INEC rules should be enforced by the Court?

Why don't you use your line of thought to empirically connect schools, civil service, financial sectors to this argument. Procedures are guidelines. To be a candidate, you must first qualify. Without qualification, the party got no right to dictate to the electoral body on how to apply the rules to the contrary as express by the tribunal minority opinion

seunlayi:


B4 you will be charged for 8speech

muykem:
I disagree with this dissenting judgement. The letter written by INEC had no locus standing if the party fulfilled all constitutional requirements so they didn't need to challenge the case at high court. Secondly the question here is who has power to disqualify or pronounce a candidate illegible. INEC or court, this case has been settled even recently in Kogi election. Court is the only one with power to do so even in David Lyon case in the same election.

kcnwaigbo:

Then the higher courts will do the needful and disqualify the ineligible candidate.

BTW I thought you were boasting just yesterday that INEC won't appeal the judgement?

ORIENTATION101:
funny the ineligibility of the andpcandidate is a pre-election that should have been taken up by inec or another party. Nobody challenge it court until this moment.

So the case before the court now is why inec excluded andp without court order

LadyExcellency:


You mean to tell us that INEC rules should be enforced by the Court?

Why don't you use your line of thought to empirically connect schools, civil service, financial sectors to this argument. Procedures are guidelines. To be a candidate, you must first qualify. Without qualification, the party got no right to dictate to the electoral body on how to apply the rules to the contrary as express by the tribunal minority opinion

kcnwaigbo:

Oh so you even know it's a pre-election matter and yet you think to the tribunal still had jurisdiction to rule on it

ORIENTATION101:
agreed andp didnt meet up with the substitution window according to inec
The bone of contention is who have the power to disqualify a candidate/party in election?

Is it the inec or court?

It was court that disqualfied APC in zamfara, Rivers, bayelsa not inec.

ORIENTATION101:
you re stressing my brain.

The matter tribunal ruled on was omission of Andp from 2019 election not eligibility.