Bayelsa: You Are On Your Own ANDP Disowns Tribunal Judgment Nullifying Election

The Advanced Nigeria Democratic Party (ANDP) has distanced itself from the petition that led to the nullification of the November 16, 2019 governorship election in Bayelsa State by the election tribunal.
Besides, the party had vowed to contest the Judgment of the tribunal at the Court of Appeal as an interested party.
The state governorship election tribunal sitting in Abuja had in a split judgment of two to one nullified the election and ordered the National Electoral Commission (INEC) to conduct a fresh election in the state.
Two members of the tribunal in their majority judgment held that the INEC was wrong to have excluded the ANDP and it’s candidate from participating in the election.
Governor Douye Diri of the Peoples Democratic Party (PDP) has since lodged a 12 grounds of appeal asking the Abuja division of the Court of Appeal to set aside the majority judgment of the tribunal.
Meanwhile, the National Executive Council (NEC) of the party led by James Pere Femowei has dissociated itself from the judgment saying the party did not file any petition challenging the outcome of the Bayelsa gubernatorial election held on November 16, 2019.
Speaking at a press conference at the weekend, the National Chairman of the party, Femowei who was flanked by the party’s national Secretary, Quadri-Adu Kehinde said both the ANDP Bayelsa State and National level did not sue INEC, the PDP nor governor Douye Diri
He disclosed that the “purported Chairman of ANDP, Charles Ogboli who has been parading himself as the Chairman of the party had been expelled from the party since December 8, 2019.
“Reasons for this expulsion are well documented in a report submitted to the Election and Party Monitoring (EPM) unit of the Independent National Electoral Commission, INEC on December 12, 2018.
“Therefore, Chief Charles Ogboli does not have the locus standing to sue on behalf of ANDP having been constitutionally expelled by a comfortable 2/3 majority of members of the National Executive Council of the party, guided by the party constitution and which action was known to INEC.
“Suffice to say that Chief Charles Ogboli did not contest his expulsion at that time and until date he has not done so.
“ANDP Bayelsa State did not present any candidate for the purpose of contesting November 16, 2019 governorship election, as it had earlier adopted Senator Douye Diri of the PDP.
“The National Working Committee (NWC) or state Exco did not attend any purported ANDP primary in Bayelsa before the election. How, where, when, which and how was the primary held without the involvement of the party organs in the state? Barrister Ogboli should thus produce the list of members who attended the primaries, or, INEC can equally produce the attendance list of the National Working Committee members and the state Exco who were present at the ANDP primaries.”
Femowei noted that the purported ANDP candidate and the presumed deputy withdrew from the suit when the full extent of the charade was brought to their notice. Why Chief Ogboli is maintaining this solo course of deception is open to your interpretation.
According to him, the NWC which is responsible for conducting primary elections at states and local government levels, had at no time mandate Chief Ogboli to field candidates for the Bayelsa election since he had been rightly expelled for several acts of gross misconduct.
The factional group said it was ready to approach the Court of Appeal with an application to be joined as an interested party in order to challenge the Judgment of the tribunal through a notice of  preliminary objection.
On why its action is coming after the judgment of the tribunal, Femowei said “we did not know about the petition at the tribunal. There were so many petitions at the tribunal and no member of the party Exco knew that ANDP was one of the petitioners at the tribunal.
Femowei added that the ANDP case was just at the bottom of the list of petitioners and know that we got to know, we are making our case right now.
“And it is not too late because there is still the Court of Appeal and the Supreme Court and we are going to the Court of Appeal to make our case as an interested party and we have facts to back our claims.
The Independent National Electoral Commission had explained that the nomination for the election was invalid while the party did not exercise its right guaranteed in the Fourth Alteration to the constitution by filing its suit within 14 days of the accrual of the said right.
Okoye recalled that the ANDP was one of the political parties that signified its intention to contest the Nov. 16, 2019, Bayelsa governorship election.
He said that the party conducted party primaries and submitted the name of one Peter David as its Deputy Governorship candidate.
“As at the time of the submission of the name of the said candidate, he was 34 years-old, contrary to Section 177(b) of the constitution that makes it mandatory for a candidate for such office to attain the age of 35 years to be eligible to contest the election.
“In the candidate’s statutory declaration of age and affidavit attached to his form, the party stated that he was born on Feb. 10, 1985.
“On Sept. 13, 2019, the commission wrote to the party drawing their attention to the constitutional age requirement of 35 years for Governorship/Deputy Governorship candidates as stipulated in Section 177(b) of the constitution.
“The commission also informed them of the invalidity of their nomination for the Nov. 16, 2019 governorship election in Bayelsa State,” he said.
Okoye also recalled that on Sept. 21, 2019 and in response to the letter of the commission dated Sept. 13, 2019, the ANDP wrote the commission acknowledging the invalidity of its nomination and forwarding the name of one Miss Inowei Janeth as their new Deputy Governorship candidate.
“On Sept. 27, 2019, the commission informed the party that the deadline for the submission of nominations as provided for in the Timetable and Schedule of Activities released by the Commission on May 16, 2019, was Sept. 9, 2019.
“The commission also informed the party that since they did not submit a valid nomination, they couldn’t validly substitute any candidate.
“Consequently the name and logo of the party did not appear and was not reflected in the ballot paper.
“It is pertinent to note that the party did not exercise its right guaranteed in the Fourth Alteration to the constitution by filing its suit within 14 days of the accrual of the said right as the issues canvassed are pre-election issues.