There have been 3 different electoral acts in Nigeria since 1999 when the new Democratic governance came into being. The provisions for disqualification of candidates for election in the 2002 electoral act were significantly altered by its successor. The Bayelsa State Governorship is a related case.
While under the former, the power rested on INEC, the latter completely removed the power from INEC and placed it in the courts. Despite the clear tenor of the new provision, INEC and its sympathizers have continued to hold the view, even in the face of a supreme court decision to the contrary, that the 2002 position has not changed.
The judgement of the supreme court on Bayelsa state governorship election that has created a lot of divergent views and strong disagreements is far from over.
The National Chairman of the All Progressive Congress (APC) Adams Oshiomhole has vowed to return to the court for possible retrieval of the APC mandate.
Following Governor Douye Diri’s victory and inauguration as the governor of Bayelsa state, many have sought to know what constitution stipulates on disqualification of candidates of an election. Is it possible for the newly sworn-in governor to be removed?
Read Section 140(1) (2)(3) of the electoral act of 2010 as circled with a red marker below.
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