By Sampson Boroh
The Chief Justice of Nigeria (CJN), Justice Tanko Muhammad, has approved the transfer of the suit filed by one of the Peoples Democratic Party (PDP) governorship aspirants, Chief Timi Alaibe, to Abuja, the nation’s capital.
Alaibe, a former Managing Director of the Niger Delta Development Commission (NDDC), is challenging the emergence of Senator Douye Diri as the flag bearer of the PDP in the November 16 governorship election in Bayelsa.
The former NDDC MD had approached a Federal High Court sitting Yenagoa that the September 3, 2019, Governorship primaries of the Party in the state was marred by irregularities and does not conform with the party’s constitution and the country’s electoral guidelines.
The presiding judge of the court, Justice Jane Iyang, while announcing the approval of the CJN decision, said the decision was based on the request by Chief Alaibe dated 27th of September,2019 that the case be transferred from the state to Abuja.
Alaibe had in the letter cited security concerns as the reason why he requested for the transfer.
Justice Iyang said the former NDDC boss’ request was received by her court on the 10th of October,2019.
The judge, however, explained that the plaintiff’s letter did not question the credibility of the Federal High Court but expressed security concern in the state, “I hear transfer the case.”
PDP, Senator Diri Protest Transfer
The decision of the Court, which came as surprise to the defendant counsels, elicited protest over the alleged secrecy and perceived ambushed it was delivered by the Plaintiff.
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The National Legal Adviser of the PDP and counsel to the Party, Emmanuel Enoidem (Esq), the Counsel to the 4th and 5TH respondents, Chuks Oguru (Esq) kicked against the request of Chief Timi Alaibe.
But the Counsel to Senator Douye Diri, Barr. Chiemezie V.C. Ihekweazu declined comments.
Emmanuel Enoidem, while speaking with newsmen on Tuesday after the Court session, “We came in this morning only to be told that the matter has been transferred due to a letter by Chief Timi Alaibe. We are a bit taken aback at the turn of event and not because we are afraid of the case in Abuja.
“This is a man who wants to be Governor of Bayelsa State and not the Governor of the FCT or any other state in Nigeria. And if he is running from Bayelsa, I am afraid what kind of Governor the person will make.”
“So, apart from the inconvenience such transfer may cause, we were told this morning. When the matter came up on the 2nd and slated for Friday 18th, and later 15th. We were surprised. But for man who wants to be Governor of the State and running away on account of insecurity, what will happen to millions of Bayelsa people residing here? Instead of coming to confront the issue of insecurity he is alleging in his letter, he is running away. This is not how to be a good governor.”
But the lead Counsel to Chief Alaibe, Mr. Ayodele Adedipe, said the decision for the transfer of the case to Abuja was the decision of the plaintiff and that he expressed security concern about the matter being heard in Yenagoa,”and the CJN found merit in his concern and direct the presiding Judge and acceded to the request”
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Adedipe described the comments by the defense counsels as diversionary and petty,” the point here is that the plaintiff said he had confidence in the judge and sited an example of the incident where a Federal High Court was invaded sometimes ago. Because of that he said let us have the legal battle on a neutral ground where people can come to court and lawyers can advocate without fear. And when people come and play to the gallery over the decision,I don’t have much comment on that”
Chief Alaibe, who approached the Federal High Court sitting in Yenagoa in a suit marked FHC/YNG/CS/99/2019 also included as defendants are the PDP, Senator Douye Diri, the INEC, and Embeleakpo Alale for himself and representing the elected local government chairmen, vice chairmen and councilors of the PDP allowed to be delegates at the elective State Congress of the PDP in Bayelsa State held on September 3, 2019.
Also joined in the suit as defendant is Doubra Kumokou, for himself and on behalf of the three Ad-Hoc Delegates allowed to be delegates at the elective State Congress. Alaibe is seeking, with an application, for cancellation of the result of the primary election based on cited procedural flaws.
The suit, which was filed in pursuant to Order 3(9) of the Federal High Court (Civil Procedure) Rules 2019, seeks answers to questions bordering on obvious non-adherence to the Constitution of the Federal Republic of Nigeria, the Electoral Act 2010, the People’s Democratic Party Constitution and Election Guidelines, by the State Chapter of the party in the conduct of the Ward Congresses, inclusion of local government council officials in the delegates list and the procedure for inclusion of three ad-hoc delegates.
Citing specific sections of relevant laws and guidelines, Alaibe is asking the court to examine the entire processes that resulted in the primaries and rule in his favour in the light of violations committed in a desperate move to impose a pre-determined hand-picked candidate on the people out of 21 aspirants.
