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This Is Why Supreme Court Sacked Bayelsa APC Governor-Elect, David Lyon
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The Supreme Court, on Thursday, sacked David Lyon of the All Progressives Congress (APC) as governor-elect of Bayelsa State, barely 24 hours to his inauguration.
Mr Lyon, who won the November 2019 governorship election, was to be sworn in as governor on Friday.
A five-member panel of the apex court led by Justice Mary Odili nullified the election of Mr Lyon on the grounds that his deputy, Biobarakuma Degi-Eremienyo, presented false information to the Independent National Electoral Commission (INEC) in aid of his qualification for the November 16 governorship election in the state.
The apex court in the judgment delivered by Justice Ejembi Eko consequently ordered INEC to withdraw the Certificate of Return issued to Messrs Lyon and Degi-Eremienyo.
The court also ordered that INEC should immediately declare the party with the highest number of lawful votes and geographical spread the winner of the election.
With the judgment of the apex court on Thursday, the candidate of the Peoples Democratic Party (PDP), Diri Duoye, is expected to be inaugurated as governor of Bayelsa State.
The PDP and its governorship candidate, Mr Diri, had filed a suit against Messrs Lyon and Degi-Eremienyo, and INEC, seeking the disqualification of the APC deputy governorship candidate.
They had claimed that Mr Degi-Eremienyo gave false information in his CF 0001 form submitted to INEC.
Lower courts earlier decision
Justice Inyang Ekwo of the Federal High Court in Abuja had, on November 12, disqualified the APC governor-elect on the grounds that his deputy provided false information to INEC.
Mr 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 set aside the decision of the trial court and affirmed the election of the APC candidates.
The three-member panel of the appellate court led by Justice Stephen Adah said that the PDP did not prove their case against the APC candidates.
The court held that Mr 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,” Mr Adah said.
Dissatisfied with the decision of the court of appeal, Mr Diri and his party filed an appeal at the apex court.
In its judgment on Thursday, the apex court set aside the judgment of the court of appeal and affirmed the decision which nullified Mr Degi-Eremienyo’s candidacy.
Thursday’s sack of Mr Lyon came two days after the politician secured an interim victory at the Supreme Court.
The apex court, on Tuesday, dismissed an appeal challenging the APC governorship primary election in the state.
Heineken Lokpobiri, a former minister, filed the appeal before the apex court, challenging Mr Lyon’s candidacy.
Mr Lokpbiri had approached the apex court, asking it to declare him the winner of the APC governorship primary held in the state.
He claimed that the party wrongly gave the ticket to Mr Lyon who eventually contested and won the governorship election.
But in its judgment on Tuesday, read by Justice Iyang Okoro, the Supreme Court said, “The sole issue is resolved against the appellant. Accordingly, the appeal lacks merit and is hereby dismissed.”
The court said Mr Lokpobiri challenged Mr Diri’s victory late, beyond the time allowed by the constitution.
Mr Okoro said that section 285(9) of the 1999 Constitution (as amended) does not admit any extension of time when it comes to pre-election matters.
The apex court said ”Any party seeking redress must file within the 14 days period.
“The appellant cause of action arose on 4th September when he was not declared the winner and not 7th September,” he ruled.
The court held that Mr Lokpobiri’s appeal lacks merit and accordingly dismissed it.
Two days after he secured that victory, however, Mr Lyon has now been sacked by the same court.
Premium Times
Oyo State Governor Seyi Makinde has expressed relief and joy over the release of the abducted schoolchildren and teachers in Oriire Local Government Area.
“It is such a big relief for all of us. Right now, I am overjoyed and can hardly say much,” the governor told Channels Television.
President Bola Tinubu has also expressed delight over the successful rescue of abducted children and teachers, commending the military, the DSS, and the Nigeria Police Force for ending their 56-day captivity.
The President said the security operation led to the arrest of eight suspected abductors while several others were neutralised, describing the outcome as a major relief for the victims, their families and the nation.
In a statement issued on Friday by his Special Adviser on Information and Strategy, Bayo Onanuga, Tinubu praised the security agencies for what he described as their tireless efforts in securing the victims’ release.
He also sympathised with the children, teachers and their families over the trauma they endured during the prolonged ordeal
The President further commended the Oyo State Government for its cooperation with the Federal Government throughout the rescue operation and urged the state to strengthen security around schools to prevent similar incidents.
President Tinubu also directed emergency response agencies to work with the Oyo State Government to provide the rescued children and teachers with all necessary medical care and relief support as they recover from the ordeal.
The schoolchildren and teachers kidnapped by suspected bandits in Oriire Local Government Area of Oyo State have been rescued after about 56 days in captivity.
According to a statement by presidential spokesperson, Bayo Onanuga, the victims were freed through the efforts of security agencies.
“Finally, all the kidnapped pupils and teachers in Oriire, Oyo State, have been rescued by our security agencies,” Onanuga said.
He disclosed that eight members of the kidnapping gang were arrested during the rescue operation and are now in the custody of the Department of State Services (DSS).
Onanuga said the rescue operation did not involve any exchange or concession to the kidnappers, noting that a notorious gang leader whose release had been demanded by the abductors remains in custody and is being prosecuted for his alleged crimes.
He added that security agencies would provide a full account of the operation soon.
“In the course of the rescue operation, eight of the kidnappers were arrested and are now in DSS custody, while some of them were neutralised. There was no quid pro quo in the rescue, as one of the terrorists, a kingpin whose release was demanded by the kidnappers, is being prosecuted for his atrocities. The security agencies will give full account soon,” he added.
In a video shared alongside the statement, a woman believed to be one of the rescued teachers was seen thanking President Bola Tinubu for securing their release. The schoolchildren were also seen eating biscuits and joining the teacher in chanting, “Thank you, sir,” at the end of her remarks.
“Hello sir, our father, we are grateful. Mr President, sir, we are grateful. We understand your commitment to our safety and we appreciate all you did for us. We could see your hand in this. Thank you very much. Every security operative tried so much, and that is why we are still alive today. We are very grateful to you. Thank you very much,” the teacher said.
President Bola Ahmed Tinubu, on Thursday, held a closed-door meeting with Nigeria’s Security Chiefs at the Presidential Villa, Abuja, as the Federal government reviewed the worsening security situation across the country.
The meeting focused on a comprehensive assessment of security challenges and developments across various theatres of operation.
Among those in attendance were the National Security Adviser, Nuhu Ribadu; Minister of Defence, Christopher Musa; Chief of Defence Staff, Olufemi Oluyede; Chief of Army Staff, Waidi Shaibu; and Chief of Defence Intelligence, Emmanuel Undiandeye.
Also present were the Director-General of the Department of State Services, Adeola Ajayi; Director-General of the National Intelligence Agency, Mohammed Mohammed; the President’s Special Adviser on Homeland Security, Major General Adeyinka Famadewa (retd.) alongside other security officials.
The meeting came 48 hours after troops of Operation FANSAN YAMMA, supported by the Air Component of the Joint Task Force (North West), foiled what the military described as a major planned terrorist offensive in Zamfara State and Katsina.
According to the military, the operation, carried out on July 7, involved three Nigerian Air Force aircraft that tracked a convoy of about 300 heavily armed terrorists travelling on motorcycles from the Sunke-Kumbo axis towards Gummi before launching precision airstrikes on the convoy.
The outcome of Thursday’s security meeting was not immediately disclosed, but it comes amid growing concerns over persistent attacks by terrorists, bandits, and other armed groups in several parts of the country.
