Less than twenty four hours to his inauguration as Bayelsa state governor, the Supreme Court sacked David Lyon, the APC candidate and governor-elect of Bayelsa state.

This follows the disqualification of the deputy governorship candidate of the APC Senator Biobarakuma Degi-Eremienyo , for submitting forged certificates. The Electoral Act states a “a candidate for the office of governor of a state shall not be deemed to have been validly nominated for such office unless he nominates another candidate as his associate for his running for the office of the governor, who is to occupy the office of the deputy governor…”

A five-man panel of the apex court led by Justice Mary Peter-Odili ordered the Independent National Electoral Commission to withdraw the Certificate of Return issued to the All Progressives Congress’ candidate as the winner of the November 16, 2019 governorship election in the state and to issue a fresh certificate of return to the candidate of the party with the next highest votes and the required constitutional spread of votes in the results of the election.

The APC candidate, Mr. David Lyon polled a total of 352,552 votes in the election to defeat his closest rival Senator Douye Diri of the PDP who polled 143,172 votes. A total of 45 political parties participated in the election.

The decision of the apex court was in affirmation of the verdict of a Federal High Court disqualifying Senator Biobarakuma Degi-Eremienyo, Lyon’s running mate, for submitting forged credentials to the INEC.

The Supreme Court held that the action of Senator Degi-Eremienyo affects Lyon because both men ran on a joint ticket.

Justice Ejembi Ekwo, who read the lead judgment said the court upheld the November 12, 2019 judgment of the Federal High Court in Abuja which had disqualified Senator Degi-Eremienyo in the election for submitting forged certificates to INEC.

The court ruled that Senator Degi-Eremienyo’s disqualification had infected the joint ticket with which he and the governorship candidate, Lyon, ran for and won November 16, 2019.

The five-man panel further held that on the basis of that both candidates and their party, the APC ought to have abstained from participating in the election.

The Peoples Democratic Party (PDP) and Douye Diri, its governorship candidate, had filed a suit against Lyon, Degi-Eremienyo and INEC, seeking the disqualification of the APC deputy governorship candidate.
They alleged Degi-Eremienyo gave false information in his CF 0001 form submitted to INEC.

Justice Inyang Ekwo, the trial court judge ruled in favour of the PDP on November 12, 2019.

Justice Ekwo held that there was no connection between the name on the candidate’s school-leaving certificate, first degree (BA), master’s degree and the affidavits he swore.

However, the court of appeal upturned the decision of the trial court and affirmed the candidature of Lyon and Degi-Eremienyo.

Stephen Adah, the justice who chaired the three-man panel of the appellate court, said the PDP did not prove their case against the APC candidates.
The court held that Degi-Eremienyo submitted an affidavit which showed evidence of his change of name from Adeyi-Eremienyo to Degi-Eremienyo.
“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,” Adah said.

Not satisfied with the decision of the court of appeal, Senator Diri and his party filed an appeal at the supreme court.

But in its judgment, the apex court set aside the decision of the appellate court and affirmed the verdict which nullified the candidature of Degi-Eremienyo.

The Independent National Electoral Commission in its reaction promised to obey the court judgement though it was yet to receive a copy of it.

It is not clear yet to know if the inauguration would go on as scheduled tomorrow as the tenure of Governor Dickson expires Friday February 14, 2020.