By Our Correspondent
A three-man panel
chaired by Justice Stephen Adah of an Appeal Court in Abuja has on Monday reversed
the judgment of a Federal High Court disqualifying Senator Biobarakuma
Degi-Eremienyo as the deputy governorship candidate of the All Progressives
Congress (APC) in the Bayelsa State governorship election.
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| Senator Biobarakuma Degi-Eremienyo |
It would be
recalled that on Tuesday, November 12, a few days to the Bayelsa State
governorship election, Justice Iyang Ekwo of the Federal High Court in Abuja purportedly
disqualified Degi-Eremienyo the All Progressives Congress (APC) running mate to
the party’s Governorship candidate for allegedly supplying false information to
the Independent National Electoral Commission (INEC).
The judge said Degi-Eremienyo gave false information in relation to his
educational qualifications and held that all his documents bore different
names.
Degi-Eremienyo, therefore, challenged the
High Court verdict intended to restrain him from participating in the election the APC won.
A three-man panel
chaired by Justice Stephen Adah in their judgement on Monday ruled that the
High Court erred in law and in breach of the appellant’s right to a fair
hearing.
Justice Adah said 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 a reasonable doubt that Senator Degi-Eremienyo gave false
information in his form C001 submitted to INEC as part of his qualifications to
contest the election.
“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,” Justice Adah said.
The Appellant Court held that more so Degi-Eremienyo
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.
Following
the judgment, perpetual jubilation is
going on at the nooks and crannies of Bayelsa state describing it as a step in
the right direction.
Bayelsans
who spoke with our Correspondent in Bayelsa state irrespective of the political
parties they belong have congratulated Senator Biobarakuma Degi-Eremienyo on
his victory at the Appeal Court, describing the judgment as victory for
democracy and the rule of law.
Some
advised the people of the state to eschew partisanship and rally behind him and
the APC Governor-Elect to enhance the much needed reforms.
According to them the
judgment has further reaffirmed the confidence Nigerians have for the judiciary
and the congratulated the panel of jurists that sat through the case,
describing the
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