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An Appeal Court in Abuja has reversed the judgment of a Federal
Hight Court disqualifying the Deputy-Governorship candidate of the All
Progressives Congress (APC), Senator Biobarakuma Degi-Eremienyo from
participating in the Bayelsa State governorship election on November 16.
This comes as Senator Degi-Eremienyo who is now the deputy
governor-elect challenged the High Court verdict that restrained him from
taking part in the recently concluded poll.
Justice Inyang Ekwo of the Federal High Court in Abuja had on
November 12 disqualified the lawmaker for allegedly supplying false information
to the Independent National Electoral Commission (INEC) as part of requirement
for the governorship poll.
In a judgment, Justice Ekwo said Senator Degi-Eremienyo gave false
information in relation to his educational qualifications and went ahead to
depose to an affidavit to correct the discrepancies.
The judge held that all his documents bore different names.
But in his ruling on Monday, a three-man panel chaired by Justice
Stephen Adah held that the High Court erred in law and in breach of the appellant’s
right to a fair hearing.
According to him, the case which was brought under Section 36 of
the Electoral Act is criminal in nature and the respondents in the case ought
to prove beyond reasonable doubt that Senator Degi-Eremienyo gave false
information in his form C001 submitted to the Independent National Electoral
Commission (INEC) as part of his qualifications to contest the election.
The Appellant Court held that more so the lawmaker submitted an
affidavit sworn to court to prove that the names Adeyi-Eremienyo on his
school-leaving certificate is one and the same as Degi-Eremienyo on his GCE
certificate and newspaper cuttings announcing to the whole world a change in
name and same was not challenged by the respondents in the lower court as such the
findings of the lower court are erroneous.
The trial judge concluded by saying that “I agree with the
appellant that the owner of the school leaving certificate and the GCE
certificate are one and the same and I therefore set aside the judgment of the
court below.” (Channels TV)



















