TRACKING______APC National Chairman, Adams Oshiomole was the first person to react to the judgement of the Supreme Court that nullified the election of Bayelsa State governor elect, David Lyon and his running mate, Biobarakuma Degi Eremienyo on Thursday. He said the verdict lacked the fruit of justice.
Oshiomole said nobody will be sworn in today. Recall that before the judgment, Lyon was already at the parade ground where he was practicing his swearing in ceremony.
PDP and Rivers State governor, Nyelsome Wike has called on the Federal government to tame Oshiomole and order him to stop making inflammatory utterances, capable of causing anarchy in Bayelsa following the ruling.
Supreme Court under a five man panel led by Mary Odili, on Thursday February 13th, 2020, called on the INEC to withdraw the certificate of return of the November 16, 2019 governorship election, which was already issued to APC, and re-issue same to the PDP.
It further ruled that a party with the highest number of votes aside APC with the constitutional spread should be declared winner.
The disqualification by the apex court was based on the Deputy’s Degi Eremienyo presentation of forged certificates, who was on joint ticket with Lyon, which he and the governorship candidate, Lyon, ran for and won the November 16, 2019 election.
The bone of contention by few people on the possibility of swearing in PDP candidate, Douye Diri, is whether he met the constitutional requirement, asking for the geographical spread.
Another interpretation to the judgement whether said or unsaid is the fact that, the moment APC candidate was sacked by the Supreme Court, all the votes has also been invalidated.
Even without the cancellation of APC’s vote, PDP met the constitutional requirement of the 25% spread in the 2/3rd of all the 8 local government areas in Bayelsa State.
The simple mathematics to this evidence is that, Bayelsa has 8 local governments, and the law requires that a candidate must win in 2/3 of all the LGs. In this case, PDP candidate won in 5 local governments, by doing a quick mathematics, 2/3 of 8 is 5.3, this cannot be approximated to 6 under any known mathematical law, therefore, this has given the power to INEC to issue Diri with a certificate of return.
It is not possible for APC to substitute it’s candidate at this point anymore, because the window for such, according to electoral law, has elapsed.
There is no lacuna in the judgement, it is a straight forward judgement. The judgment is very similar to that of Zamfara State, where APC candidates were sacked by the court.
Diri is the new governor elect and it is expected that INEC Issues him with his certificate of return early today, so that the swearing in ceremony can follow immediately.
The political logjam may not end with the swearing in of Douye Diri, as the governor of Bayelsa State. There may be another crisis, this time within PDP, because Timi Alaibe may approach the court to claim that he is the validly nominated candidate of the Peoples Democratic Party (PDP).
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