day of February, 2020 in the case betweenThe Supreme Court in its 24 pages lead judgment delivered by His Lordship, Ejembi Eko, JSC, made a consequential order directing the 4Respondent, the Independent National Electoral Commission , to withdraw the Certificate of Return earlier issued to the Governorship and Deputy Governorship candidates of the All Progressives Congress , Mr. Lyon David Pereworimin and Mr.
“The only authority competent to correct anything on those Certificates was the authority that issued either Certificate and that the Affidavit of Correction of Name does not in his opinion, conform to the proper manner of changing name or correcting a name on a Certificate, and that it is only by Deed Poll, and not by mere deposition that a name on an official Certificate can be effected and further that the procedure necessarily affects official Record and Archives of the nation.
It may be uncanny for a person not to be sure of his name, it becomes an issue of fraud when a man presents official documents bearing conflicting names and his attempts to explain the conflicts are also conflicting, dubious and untenable. In litigation, it is not permissible for a party to blow hot and cold.
As far as the November 2019 gubernatorial election is concerned, their destiny was conjoined. It should be emphasized that a Governorship candidate and his Deputy are subject to the same qualification – in terms of citizenship, age, educational attainment and membership of a political party.
The above pronouncement of the Court of Appeal in its ruling on Balewa’s application for review is reported separately by Law Pavilion asOshiomhole is not a lawyer and can be excused for his erroneous reliance on Muazu’s case.
The expression “an election tribunal or court” as used above only applies to post-election cases: seeThe Supreme Court did not nullify the Bayelsa Governorship Election. Section 140 of the Electoral Act does not apply to pre-election cases like the case of Bayelsa State: see the Supreme Court decision in the earlier case of. An order for fresh election can only be made after an order nullifying the election has first been made.
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