Bayelsa: Anxiety In APC As Court Fixes Nov 14 For Judgment On Candidate

By Asolo Eyedoude

The Federal High Court sitting in Yenagoa has fixed November 14, 2019 for judgment on the suit filed by Senator Heineken Lokpobiri against the outcome of the All Progressive Congress (APC) governorship primaries that was won by Chief David Lyon.

The decision of the court presided over by Justice Jane Iyang to deliver final judgment on the suit is causing apprehension within the fold of the APC with two days to the November 16th Governorship elections.

Lokpobiri, the immediate past Minister of State for Agriculture and Rural Development, had  in the suit applied for an order of perpetual injunction restraining APC, its officers, agents and privies from treating, presenting or holding out Lyon to the Independent National Electoral Commission (INEC) as the party’s candidate for the election.

The plaintiff also sought an order of perpetual injunction stopping INEC, its officers, agents and privies from accepting or further accepting, publishing or further publishing David Lyon as the flag bearer and another order barring the electoral body from excluding him as the APC candidate.

Besides, the governorship aspirant sought another order to stop Lyon from parading or further parading, presenting or further presenting himself as APC candidate and a similar order against INEC to stop it from accepting, recognizing, or dealing with Lyon or putting his image on the ballot paper in the name of APC as the party’s governorship candidate.

Lokpobiri wants the court to compel INEC to treat him as the lawful candidate of APC and to accord him the rights, privileges and perquisites of a candidate of APC in the gubernatorial election.

In a 45 paragraph affidavit in support of the suit, the plaintiff averred that a governorship primary election committee was constituted by the National Secretariat of the APC under the chairmanship of Yobe State Governor, Mai Mala Buni and that the committee in compliance with the directive of the party conducted the primary poll through direct primary procedures.

The plaintiff who personally deposed to the affidavit claimed that the primary election was conducted throughout the state with the involvement of local government and ward chairmen of the party with six governorship aspirants including himself participating.

At the end of the primary election Lokpobiri claimed that he won majority of lawful votes in five local governments comprising Ekeremor with 48,113, Sagbama with 24,890, Ogbia, 13,349, Yenagoa, 18,258 and Kolokuma/Opokuma where he scored 6,809, bringing his total score to 111,439 while David Lyon unlawfully declared as winner scored only 325 votes.

Speaking after yesterday’s court session, Fitzgerald Olorogun Esq, the Counsel to Senator Lokpobiri told newsmen that the plaintiff was done with his case and was hopeful to reclaim what he described as his stolen mandate.

“We presented our case, canvassed our arguments and we are hopeful that Heineken Lokpobiri will reclaim his stolen mandate. We have confidence in the court’s ability to do justice, and the facts are very clear, a lot of documents to show where the justice of the matter will take and my lord will respond.

“The parties involved have canvassed their cases and it is now left for the court to give judgment on the 14th which it adjourned it to”.

Barr. Sydney Ibanickuka Esq, the Counsel to the APC, said: “We on our side as respondents have filed several preliminary objections challenging the competence of the suit and sundry other issues because of the nature of the suit itself the court has said in its usual procedure for the adoption of all filed processes, then the court will during judgment trash them one after the other.”

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