The Court of Appeal sitting in Abuja on Monday set aside the disqualification of the state deputy governor-elect, Biobarakuma Degi- Eremieyo.
Justice Iyang Ekwo of the Federal High Court, Abuja, had on November 13 disqualified Eremieyo, who was then the running mate of the All Progressives Congress (APC) governorship candidate in Bayelsa, David Lyon, over anomalies in the form CF 001, he submitted to the Independent National Electoral Commission (INEC) for clearance in the poll.
The three-man panel of the appellate court led by Justice Stephen Adah held that High Court erred in law and in breach of the appellant’s right to a fair hearing.
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Justice Adah said 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 a reasonable doubt that Senator Degi-Eremienyo gave false information in his form C001 submitted to INEC as part of his qualifications to contest the election.
“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,” he said.
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