A Federal High Court sitting in Owerri, Imo state on Tuesday dismissed the suit filed by Chief Timi Alaibe seeking to upturn the Bayelsa Peoples Democratic Party (PDP) gubernatorial primary election conducted on September 3, 2019, which produced Governor Duoye Diri as the party’s flagbearer for the Bayelsa governorship election.
Alaibe had sought, among other reliefs, to set aside the governship primary election on the ground that the local government chairmen that participated in the election were not qualified.
Ruling on the originating summons, the presiding judge, Justice Tijjani Ringim, said the plaintiff had failed to prove that the gubernatorial primay conducted on 3rd September, 2019 failed to comply with the provisions of the Constitution of the PDP and the Nigerian 1999 Constitution as amended.
He also noted that the conduct of party congress, for the purpose of electing delegates for primary election, is strictly the internal affairs of the party in so far as such congress does not contravene the Constitution of the party.
The judge therefore dismissed the suit in its entirety and awarded costs to be borne by individual parties to the suit.
Reacting to the judgement, Counsel to Governor Duoye Diri, Chimezie Ihekwuazu (SAN), who commended the patience and diligence of the court to determine the matter within a short notice, said they are satisfied with the judgement.
“We must commend the patience of the court to determine this matter having been assigned this matter at short notice to ensure that the matter was determined within the statutory period.
“For us as a party we are satisfied with the judgement of the court. So, we commend the court’s industry and courage to do justice to the case based on fact and justice of the case.”
The legal adviser of PDP in Bayelsa state, Perekame Richard said, “This case has been adjourned sine die but immediately Sen. Douye Diri was pronounced as the governor of Bayelsa state, Timi Alaibe resurrected the case and said that his security is not guaranteed in Bayelsa state and that was why the matter was transferred to Owerri last week.
He added: “We as a party are happy with the judgement of the court and today is the last day; so we are happy that the court has stated in clear terms that the governorship primary of the party which was conducted on 30 September, 2019 did not in any way breached the Constitution of the party.”