Diri and his deputy also filed their counter affidavit before the court to oppose the application.
By Jeffrey Agbo
A Federal High Court in Abuja on Monday dismissed a suit seeking the disqualification of Bayelsa State Governor Douye Diri and his deputy, Lawrence Ewhrudjakpo.
Justice Emeka Nwite ruled that the suit lacked merit as the plaintiff had failed to prove the allegations of certificates forgery levelled against Ewhrudjakpo beyond reasonable doubt.
Justice Nwite also awarded a cost of N500, 000 against the plaintiff and in favour of the Peoples Democratic Party (PDP), the third defendant in the suit.
Less than nine days before the November 11, 2023 Bayelsa governorship election, a fresh suit seeking Diri and Ewhrudjakpo’s disqualification commenced before the court.
The plaintiff, a Bayelsa woman, Blessing Azibanagbal, through her lawyer, Ifeanyi Nsowu, filed the suit marked: FHC/ABJ/CS/1448/23.
In the affidavit in support of the originating summons deposed to by Yenle Istifanus, a litigation secretary with Compendium Chambers, the lawyer said she knew as a fact that Azibanagbal, who hails from Bayelsa and as a good citizen of Nigeria, had the locus standi (legal right) to institute the action.
The originating summons was dated October 26, 2023 and filed on October 30, 2023.
She listed Diri, Ewhrudjakpo, Peoples Democratic Party (PDP), and the Independent National Electoral Commission (INEC) as the first to fourth 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 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.
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It further sought a declaration that Ewhrudjakpo was not qualified to run as deputy governor under the PDP.
It sought a declaration that Ewhrudjakpo was also not qualified to be a running mate with Diri.
The plaintiff 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, Adeyemi Ajibade, prayed the court to dismiss or strike out the suit for being statute-barred.
Diri and his deputy also filed their counter affidavit before the court to oppose the application.
Delivering the judgment, Justice Nwite observed that Exhibit 1 attached to the affidavit of the plaintiff’s amended originating summons contained among others, documents which included deed poll for proper arrangement of Ewhrudjakpo’s name.
“Fair enough, it is the documents exhibited by the plaintiff to prove her case that the 2nd defendant (Ewhrudjakpo)’s certificates have different names, hence he is not qualified on the ground of presentation of false informations,” the judge said.
He, however, held that the Supreme Court had laid to rest the recognised and legal procedure for a valid change of name.
Citing a PDP case Vs Degi, 2021, Justice Nwite held that the apex court had decided that “affidavit of change, correction and confirmation of name has to be by deed poll and not by mere deposition.”
He said in the instant case, it was clear that Ewhrudjakpo had met with the requirements for recognised procedure for correction of name.
“That is, by making a deed poll and publication in official gazette,” he added.
The judge said he agreed with the submission of the counsel for Ewhrudjakpo that the plaintiff was bereft of the law and facts on the issue and her allegations are mere speculations and time wasting assertion intended to embarrass the defendants.
