The Abuja Federal High Court has dismissed a lawsuit that sought to disqualify Governor Douye Diri of Bayelsa and his deputy, Lawrence Ewhrudjakpo.
In the judgment, Justice Emeka Nwite stated that the lawsuit was without merit, as the plaintiff did not substantiate the certificate forgery accusations against Ewhrudjakpo beyond a reasonable doubt.
Additionally, Justice Nwite imposed a penalty of N500,000 on the plaintiff, to be paid to the People’s Democratic Party (PDP), the third defendant in the case.
According to a 2023 report by the News Agency of Nigeria (NAN), a new lawsuit to disqualify Diri and Ewhrudjakpo was initiated before Justice Nwite less than nine days before the Bayelsa gubernatorial election scheduled for November 11, 2023.
The lawsuit, identified as FHC/ABJ/CS/1448/23, was filed by Mrs. Blessing Clement Azibanagbal, a Bayelsan woman, represented by her attorney, Ifeanyi Nsowu.
In the affidavit supporting the originating summons, Yenle Istifanus, a litigation secretary at Compendium Chambers, affirmed that Azibanagbal, a Bayelsa native and responsible Nigerian citizen, possessed the legal standing to initiate the lawsuit.
The summons, issued on October 26, 2023, and filed on October 30, 2023, named Diri, Ewhrudjakpo, the Peoples Democratic Party (PDP), and the Independent National Electoral Commission (INEC) as the first to fourth defendants, respectively.
The legal action requested a mandatory injunction directing INEC to remove Diri and Ewhrudjakpo as the PDP’s candidates for the November election.
Additionally, it sought a perpetual injunction to prevent INEC and its affiliates from further listing their names as the party’s representatives in the upcoming Bayelsa election.
The suit also called for a ruling that Ewhrudjakpo was ineligible to serve as deputy governor for the PDP and similarly unqualified to be Diri’s running mate.
Furthermore, it petitioned the court to affirm that Ewhrudjakpo had multiple identities without substantiating evidence to verify his singular identity.
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 Nov. 28 and filed Nov. 30 through its lawyer, Adeyemi Ajibade, SAN, prayed the court to dismiss or strike out the suit for being statue-barred.
Diri and his deputy also filed their counter affidavit to oppose the application.
Delivering the judgment on Monday, Justice Nwite observed that Exhibits I 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.
He said he agreed with the submission of the learned counsel for Ewhrudjakpo that the plaintiff wass bereft of the law and facts on the issue and her allegations are mere speculations and time-wasting assertion intended to embarrass the defendants.
On whether the plaintiff had sufficiently proved her case on the preponderance of evidence and beyond reasonable doubt as required for a criminal allegation of forgery and false information in a civil suit, the judge said, “the law is trite that he who asserts must prove.”
According to Justice Nwite, in the instant case, the plaintiff failed to prove her allegations that the certificates presented by the 2nd defendant are product of forgery.
“Also in the instant case, the plaintiff did not prove even on the preponderance let alone beyond reasonable doubt her bogus allegations of forgery and presentation of false information against the 2nd defendant.
“The allegations against the 2nd defendant are criminal in nature and must be proved in accordance with the standard required by Section 138 of the Evidence Act, 2011.
“The one-million-naira question it was that allegations proved beyond reasonable doubt?
“In view of the foregoing analysis, I resolve the issue in favour of the defendants and against the plaintiff.
“In summary, I am of the view, and I do hold that the suit lacks merit and sane is hereby dismissed.
“Cost of N500, 000 awarded against the plaintiff in favour of the 3rd defendant,” he declared.
NAN reports that INEC had declared Diri the winner of the Nov. 11, 2023, poll after he scored the highest votes to defeat other candidates, including Timipre Sylva of the All-Progressive Congress (APC).
