An Appeal Court in Abuja on Monday reversed the judgment of a Federal Hight Court which disqualified Deputy-Governorship candidate of the All Progressives Congress (APC), Senator Biobarakuma Degi-Eremienyo in the just conclued Bayelsa State governorship election.
The development followed the suit filed by Senator Degi-Eremienyo challenging Justice Iyang Ekwo’s verdict that restrained him from taking part in the recently concluded poll.
In a ruling, a three-man panel chaired by Justice Stephen Adah held that the High Court erred in law and in breach of the appellant’s right to a fair hearing.
According to him, the case which was brought under Section 36 of the Electoral Act is criminal in nature and the respondents in the case ought to prove beyond reasonable doubt that Senator Degi-Eremienyo gave false information in his form C001 submitted to the Independent National Electoral Commission (INEC) as part of his qualifications to contest the election.
The Court held that, more so, the lawmaker submitted an affidavit sworn to court to prove that the names Adeyi-Eremienyo on his school-leaving certificate is one and the same as Degi-Eremienyo on his GCE certificate and newspaper cuttings announcing to the whole world a change in name and same was not challenged by the respondents in the lower court as such the findings of the lower court are erroneous.
“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,” the judge held.
Justice Iyang Ekwo of the Federal High Court in Abuja had on November 12 disqualified the lawmaker for allegedly supplying false information to the Independent National Electoral Commission (INEC) as part of requirement for the governorship poll.
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