ADVERT RATE

The federal high court has fixed Wednesday – 28 October 2020 for mention of suit seeking to disqualify the former governor of Bayelsa State, His Excellency, Henry Seriake Dickson from contesting the forthcoming Senatorial Bye-election in the state.

The suit which was filed by Dickson’s kinsman, Eneoriekumoh Owoupele through his lawyers, Pius Danba and Ebikebuna Aluzu, has Independent National Electoral Commission (INEC), Peoples Democratic Party (PDP) and Dickson Seriake as first, second, and third respondents is praying the court to disqualify the former governor from contesting the Bye-election for Bayelsa west senatorial district on the basis that the PDP candidate had submitted an affidavit containing false information in his INEC Form EC9.

The kinsman is asking the court to make a declaration that the combined interpretation of the provisions of Section 31(1)(5)(6) of Electoral Act, 2010 as amended and Section 66 (1)(i) of the Constitution of the Federal Republic of Nigeria 1999 as amended, Dickson’s INEC Form EC9 contained false information and forged certificate and that the former governor should be disqualified from the senatorial election scheduled for October 31.

The plaintiff is also seeking a declaration that the former governor lied on oath and should be disqualified from the election in line with the provisions of Section 31 of the Electoral Act, 2010 and Section 66 (1) of the Constitution of the Federal Republic of Nigeria 1999.

He further asked the court to declare that Dickson’s presentation of various certificates and documents bearing different names such as ‘Dickson Seriake’, ‘Henry Seriake Dickson’, ‘Seriake Dickson’ and ‘Dickson Seriaki’, without any valid change of name amounted to giving false information under section 31(5) of the Electoral Act as amended.

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He prayed the court to make a declaration that Dickson’s statement that he did not attend primary school and had no first school leaving certificate is false and he ought to be disqualified for giving false information under section 31(5) of the Electoral Act, 2010 as amended.

The plaintiff also urged the court to declare that since Dickson averred  that he obtained the Western Association of Schools and Colleges (WASC) certificate in 1993,  the presentation of the West African Examination Council (WAEC) statement of result issued to ‘Dickson Seriaki’ on 10/1/2006 for a 1983 examination amounted to giving false information to INEC.

He further prayed for a declaration that Dickson’s statement that  he obtained WASC in 1993 and GCE O/L (General Certificate of Education Ordinary Level) “in 1994 is false in that he also swore to have obtained his Law Degree (LL.? in 1992, amounting to giving false information to the 1st Defendant”.

The affidavit in support of the originating summons read in part “the 3rd Defendant swore in his INEC Form EC9 (affidavit in support of personal particulars of persons seeking election to office of Senator Bayelsa West senatorial District) that he has never presented false or forged certificate to the 1st Defendant.

“The 3rd Defendant swore in his INEC Form EC9 (affidavit in support of personal particulars of persons seeking election to office of Senator Bayelsa West senatorial District) is an attestation and a certificate.

“The 3rd Defendant swore on oath by his INEC Form EC9 (affidavit in support of personal particulars of persons seeking election to office of Senator Bayelsa West senatorial District) stating that he did not attend any primary school, has no primary school education/certificate and has no former names and that he obtained WASC in 1993 but presented to the 1st Defendant the West African Examination Council (WAEC) of DICKSON SERIAKI for 1983 without any valid change of name or concurrence of the date of obtaining the qualification/certificate.

“In 2015 the 3rd Defendant deposed to an affidavit that he attended Kolobirowei Primary School, Toru-Orua now in Sagbama Local Government Area of Bayelsa State between 1972 to 1978 where he obtained First School Leaving certificate. The 3rd Defendant presented the said affidavit to the 1st Defendant in 2015.

“The 3rd Defendant swore on oath by his INEC Form EC9 (affidavit in support of personal particulars of persons seeking election to office of Senator Bayelsa West senatorial District) stating that he has no former names and that he obtained GCE O/L (General Certificate of Education Ordinary Level) in 1994 but presented to the 1st Defendant the West African Examination Council (WAEC) certificate of DICKSON SERIAKE for 1984 without any valid change of name or concurrence of the date of obtaining the qualification/certificate.

“The 3rd Defendant swore on oath in his INEC Form EC9 (affidavit in support of personal particulars of persons seeking election to office of Senator Bayelsa West senatorial District) that he did not attend primary school and has no first school leaving certificate but yet obtained secondary school education/certificate in 1993 and attaching the certificate of DICKSON SERIAKI for 1983 without any valid change of name or concurrence of the date of obtaining the qualification/certificate.

“The 3rd Defendant’s who swore an oath by his INEC Form EC9 (affidavit in support of personal particulars of persons seeking election to office of Senator Bayelsa West senatorial District) that he has obtained Law Degree (LL.? in 1992 about a year before the year he swore to have obtained WASC (The Western Association of Schools and Colleges) in 1993 in the name of DICKSON SERIAKI and GCE O/L (General Certificate of Education Ordinary Level) in 1994 in the name DICKSON SERIAKE about two years later, all without valid change of name of concurrence of the dates of obtaining the certificates.

“The 3rd Defendant has submitted to the 1st Defendant in his INEC Form EC9 (affidavit in support of personal particulars of persons seeking election to office of Senator Bayelsa West senatorial District) information and particulars that are not true and correct knowingly that the information in his form is not true.”

The plaintiff, therefore, prayed for “an order disqualifying the 3rd Defendant as candidate of the 2nd Defendant  from the Bayelsa west Senatorial District election slated for 31st day of October 2020 or any such other date that may be rescheduled by the 1st Defendant”.

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