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A Federal High Court in Owerri has dismissed the application filed by Ndutimi Alaibe challenging the emergence of Governor Douye Diri as Peoples Democratic Party (PDP) candidate for the November 16, 2019 Bayelsa State governorship election for lack of merit.
In the suit number FHC/Ow/CS/30/2020, Alaibe had prayed that the inclusion of 121 statutory and 315 ad-hoc delegates that participated in the party’s primary election ran contrary to its constitution and the Electoral Act.
He insisted that the primary conducted on September 3, 2019 be set aside and that the court should order for a fresh primary for the party.
But delivering judgement, Justice Tijani Ringim faulted the originating summons, describing it as an abuse of the court process.
Ringim argued that the issues the plaintiff raised in his application were entirely the party’s internal matters, stressing that there was no evidence suggesting that the party’s primary that produced Diri was unconstitutional or breached any electoral act.
He furthered that the appellant failed to back up his application with substantial evidence, hence, the court cannot grant his prayers.
Speaking shortly after the court proceedings, Counsel to Governor Diri, Chimezie Ihekweazu (SAN), Bayelsa State PDP legal adviser, Richard Perekeme and counsel to the fourth and fifth defendants, Friday Nwosu and Chuks Uguru, among others, applauded the judgement.
According to them, the judgement was satisfactory, inspirational, just, fair, sagacious, righteous, sound and could be supported by any court across the country.
“The verdict can be supported anywhere. The Justice took his time to do his research to deliver the judgement. It is sound in law, justice and in logic,” Nwosu said.
Meanwhile, Somina Johnbull, who is counsel to Alaibe, said he would study the judgement and consult his client to consider the next step to take on the matter.
It was learnt that the matter was moved from Bayelsa to Owerri on the directive of the Chief Justice of Nigeria (CJN), Tanko Muhammad, following the appellant’s appeal on security concerns.