02/07/2024
The Issues that led to the Election Tribunal and Now Appeal Court are constitutional issues that only the judiciary can make the final decision on, it will sound very funny but I'm in court holding onto the tiny thread that Links the Constitution, judiciary, and the People.
I am writing this in light of the decisions by the Bayelsa State Governorship Election Tribunal regarding the petitions filed by myself, Engr. Udengs Eradiri of the Labour Party, my petitions challenged the qualification of the Deputy Governor of Bayelsa State to contest in the November 11th, 2023 Governorship election.
I'm calling for public awareness and support for the appeals made against the tribunal’s curious decision.
Following the last election, I presented serious allegations, which were public knowledge, to the Bayelsa State Governorship Election Tribunal. I argued that the Deputy Governor, in his INEC form EC9, sworn under oath, stated that his highest educational qualification was only a First School Leaving Certificate. He did not include any secondary or university education, which raises significant concerns under the Nigerian Constitution.
According to Sections 177 (d) and 318(1)(c)(i-iii) of the Constitution of the Federal Republic of Nigeria, a candidate with only a First School Leaving Certificate must satisfy additional criteria to be qualified for election. These criteria include ten years of service in the public or private sector, attendance of acceptable courses or training totaling at least one year, and proficiency in the English language as determined by INEC.
The Deputy Governor claimed he had higher education qualifications, yet he did not testify or provide evidence of these during the tribunal hearings. Instead, a retired Permanent Secretary was brought to speak on his work history. Despite the Deputy Governor’s own sworn documents stating his sole educational qualification was a First School Leaving Certificate, the tribunal ruled in his favor.
This matter, along with related cases, is now on appeal. I emphasize the importance of judicial consistency, noting recent cases where courts have nullified elections over similar academic qualification issues. For example, in September 2023, three Labour Party members from Abia State were removed from office for failing to meet qualifications, a decision upheld on appeal. Similarly, Muktar Umar Yerima of the NNPP lost his position over forged academic credentials, and Stainless Chijioke Nwodo of Labour Party faced a similar fate in Lagos.
These precedents underscore the judiciary’s role in upholding the law and reinforcing constitutional standards. It is imperative that the same standards apply universally.
Thank You
-Udengs Eradiri
