Pdp & Ors V. Degi-eremienyo & Ors (2020)

LAWGLOBAL HUB Lead Judgment Report

EJEMBI EKO, J.S.C. 

The 2nd respondent won the nomination to contest the governorship election in Bayelsa State on the platform of the A.P.C. He in turn nominated the 1st respondent as his running mate. Both 1st and 2nd respondents were A.P.C. candidates for the offices of governor and deputy-governor of Bayelsa State. It was a joint ticket on the platform of the APC.

The APC, in compliance with Section 31(1) of the Electoral Act, 2018 (as amended) submitted the names and personal information and particulars of the 1st and 2nd respondents to INEC, and the same contained in INEC Form CF001 for each of the 1st and 2nd respondents. The 1st respondents Form CF001 duly sworn to by him was published. Pursuant to Section 31(5) of the Electoral Act, the appellants approached the Federal High Court claiming that the information contained therein were false. They sought the Federal High Court to invoke Section 31(6) Electoral Act to disqualify the 1st respondent (and consequentially the 2nd respondent) from contesting the election. They predicated their action on the fact that the 1st respondent presented false information in his Form CF001 to the 4th respondent (INEC) in support of his nomination. They alleged inter alia that in his sworn INEC Form CF001 other than in his name: Biobarakuma Degi-Eremienyo.

i. The name in his First School Leaving Certificate issued in 1976 Degi, Biobragha.

ii. His WAEC/GCE, 1984 bears the name Adegi Brokumo.

iii. His first degree bears the name- Degi Biobarakuma Wangawa.

iv. In his affidavit of correction and confirmation of name sworn to on 9 August, 2018, he asserted that his correct name is Biobarakuma Degi.

v. In another affidavit of regularisation of name sworn to on 18 September 2018, he averred that his correct name is Biobarakuma Wanagha Degi Eremienyo.

vi. In another affidavit of 18 September 2018 deposed before an unnamed notary public on a letter heading: Stanley Damabide & Partners, he averred that while registering for WASCE examination “the alphabet “A”€ was inadvertently added to (his) surname to read thus – Biobarakuma Wanagba Adegi and same was captured in the certificate he obtained thereform.

(The 1984 WAEC/GCE at page 61 however bears the name Adegi Biobakuma – not Biobarakuma Wanagha Adegi)

vii. In the said affidavit of 18 September 2018, he further averred that later in time he took chieftaincy title and by Nembe custom he added Eremienyo to his surname and his full name reads: Biobrakuma Wanagha Adegi-Eremienyo.

viii. On the statutory declaration of age dated 31 July 1990, it was declared that the 1st respondent bearing the name Biobarakuma Degi was born on 22 February 1959. The deponent, Henry Vanman, described himself (at page 65) as the uncle of the 1st respondent.

ix. On his Form CF001 (at page 531) the 1st respondent gave his name as Degi-Eremienyo, Biobarakuma Wanaghwa.

x. By the change of name published in the Chronicles Newspapers of 20 July 2018, (as page 91) the 1st respondent announced the change of his name from Biobarakuma Wamagha Degi to Biobarakuma Wanagha Degi-Eremienyo.