The Supreme Court on Thursday sacked David Lyon and Sen. Biobarakuma
Degi-Eremienyo, as the governor and deputy elect in the Nov. 16, 2019 Bayelsa
governorship election.
Justice Ejembi Eko, who delivered the lead judgment reinstated the Nov. 12,
2019, Judgment of the Federal High Court in Abuja that disqualified Degi-
Eremieoyo from participating in the governorship poll.
The court held that the trial court was right in finding the deputy guilty of
presenting false information to INEC.
The Justice Mary Odili-led panel, held that no person shall be qualified to contest
election if he presented false information for the purpose of election.
The apex court ordered that the certificate of return be withdrawn immediately
from the governor and his deputy and be issued to the candidate with the secondhighest votes in the Nov. 16, 2019 election.
The apex court held that the nomination form Degi-Eremieoyo submitted to INEC
for the purpose of the Nov. 16, 2019, governorship election in the state,
contained false information of fundamental nature.
The People’s Democratic Party (PDP) had asked the court to regard the
discrepancies in Degi-Eremienyo’s certificates as major impediments to his
candidacy.
They accused the All Progressives Congress (APC) running mate of providing
different names at all levels of his education.
The PDP alleged in its case that Mr Degi-Eremienyo’s name was written as Degi
Biobara in his primary school certificate, the documents from his secondary
education bore Adegi Biobarakumo, as his name, while that of his university
education had Degi Biobarakuma as his name.
Also, the result from his MBA certificate had Degi Biobarakuma Wangaha as the
name of the same person.
The Court of Appeal in Abuja had dismissed the PDP’s case and affirmed the
candidacy of the deputy governor-elect in the Nov. 16, 2019 governorship
election in the state.
The judgment set aside the Nov. 12, 2019 verdict of Justice Inyang Ekwo of the
Federal High Court in Abuja disqualifying Degi-Eremieoyo as the APC’s deputy
governorship candidate in the poll.
The Appellate court held that the Federal High Court judge erred in his decision
disqualifying the APC’s deputy governorship candidate.
It held that there were not enough grounds for the Federal High Court to rule the
way it did, adding that the allegation that Degi-Eremienyo gave false information
to INEC was not proved as required.
It faulted the lower court’s reliance on Section 31(5 and 6) of the Electoral Act in
disqualifying the APC’s deputy governorship candidate.
The court added that the allegations against Degi-Eremienyo were criminal in
nature which required proof beyond reasonable doubt.
It said that the different names contained in the appellant’s Form CF 001, his
First School Leaving Certificate and General Certificate of Education belonged to
the same person, going by the supporting affidavit of change of name andnewspaper publication.
The appellate court therefore set aside the Federal High Court’s judgment, and
awarded N500, 000 cost against the respondents in favour of the appellants.
The Federal High Court had in its judgment held that Degi-Eremienyo gave false
information to INEC about his academic qualifications allegedly evidenced by the
discrepancies in the names contained in his credentials.
The trial court also held that the names on the different documents attached to
his Form CF001 were said to be, Biobarakum Degi-Eremienyo, Degi Biobaragha,
Degi Biobarakuma, Adegi Biobakunmo, Degi-Eremienyo Wangagha.
The APC’s candidate was said to have claimed to have obtained “his First School
Leaving Certificate in 1976” and presented to INEC “a First Leaving School
Certificate of one Degi Biobaragha other than the one bearing his name
Biobaragha Degi-Eremieoyo as shown in his INEC Form CF001.”
He was also said to have claimed to have “obtained his West African
Examinations Council General Certificate of Education in 1984” and presented to
INEC, “a GCE certificate of one Adegi Bibakuo other than the one bearing his
name Biobarakuma Degi-Eremieoyo as shown in his INEC Form CF001.”
Justice Ekwo held that there was no evidence to prove that the documents with
different name variations were his.
He ruled, “I further hold that the information given by the 3rd defendant on Form
CF.001 that the documents thereto attached as his have not by any iota of
credible evidence been so established.
“The information is false in all material particular as none of the said documents
have any nexus with the name of the 3rd defendant (Degi-Eremienyo) on the
said Form CF001.”
The judge went on to make a declaration “that the information which the 3rd
defendant submitted to the 2nd defendant in his INEC Form CF001, that, affidavit
in support of personal particulars of person seeking election to the office of theDeputy Governor of Bayelsa State is false contrary to section 31(5) of the 2010
Electoral Act (as amended).”
