Ratio DecidendiRatio Decidendi



PEOPLE'S DEMOCRATIC PARTY (PDP)
V.
BIOBARAKUMO DEGI-EREMIONYO

(2020) JELR 80474 (SC)    
Supreme Court  ·  SC.1/2020 ·  13 Feb 2020 ·  Nigeria
CORAM
MARY UKAEGO PETER-ODILI JSC OLUKAYODE ARIWOOLA JSC JOHN INYANG OKORO JSC AMINA ADAMU AUGIE JSC EJEMBI EKO JSC

Ratio Decidendi

Core Terms Beta
1st respondent
name
page
trial court
lower court
2nd respondents
certificate
electoral act
affidavit of correction
confirmation of name
statutory declaration of age
lead judgment
names
4th respondent
bayelsa state
fact
false information
federal high court
first school leaving certificate
gce certificate
inec form cf001
issue
2nd respondent
deed poll
affidavit of regularisation of name
correct name
documentary evidence
joint ticket
learned trial judge
notary public
said affidavit
uncle of the 1st respondent
1st respondents form cf001
a.p.c. candidates
biobarakuma degi-eremienyo
change of name
claim of the 1st respondent
court of appeal
eko jsc
eloquent resolution of the issue of the plaintiff
final judgment
name adegi brokumo
personal information
said judgment of the lower court
separate notices of appeal
specific point
sponsoring party
trial federal high court
unnamed notary public
view of the trial court

EKO JSC (Delivering the Lead Judgment): The 2nd respondent won the nomination to contest the governorship election in Bayelsa State on the platform of the A.P.C. He in turn nominated the 1st respondent as his running mate. Both 1st and 2nd respondents were A.P.C. candidates for the offices of governor and deputy-governor of Bayelsa State. It was a joint ticket on the platform of the APC.

The APC, in compliance with section 31(1) of the Electoral Act, 2018 (as amended) submitted the names and personal information and particulars of the 1st and 2nd respondents to INEC, and the same contained in INEC Form CF001 for each of the 1st and 2nd respondents. The 1st respondents Form CF001 duly sworn to by him was published. Pursuant to section 31(5) of the Electoral Act, the appellants approached the Federal High Court claiming that the information contained therein were false. They sought the Federal High Court to invoke section 31(6) Electoral Act to disqualify the 1st respondent (and conseque…

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