The Bayelsa State Governor, Mr Douye Diri, will appeal Monday’s ruling of the governorship election petition tribunal sitting in Abuja, which nullified his election.

The tribunal ruled that the Independent National Electoral Commission (INEC) wrongly excluded the Advanced Nigeria Democratic Party (ANDP) governorship candidate in the November 16, 2019 election.

Reacting through a statement by his acting Chief Press Secretary, Mr Daniel Alabrah, Diri said he has, consequently, instructed his lawyers to file the necessary papers.

He said he has implicit confidence in the judiciary that he would triumph in the end.

“We trust in the judiciary and we are appealing the judgement. With God on our side, we will get justice.

“This is a court of first instance and I have instructed our lawyers to file an appeal. We have a right of appeal even up to the Supreme Court,” he said.

Diri urged members of the Peoples Democratic Party (PDP) and his supporters not to panic and to continue to remain calm and law-abiding.

The Bayelsa state governorship election tribunal sitting in Abuja has annulled the election of Duoye Diri, governor of Bayelsa state, Equity News can confirm.

King George, candidate of the Advanced Nigeria Democratic Party (ANDP), had asked the tribunal to cancel the election because he was excluded from the November 16, 2019 governorship poll.

On Saturday, a three-man panel of the tribunal had dismissed three petitions challenging the election on the grounds of incompetence and lacking merit

But while delivering judgment on another petition on Monday, the panel held that the election was unlawful due to the exclusion of ANDP and its candidate,.

Yunusa Musa, the judge who read the judgement, ordered the Independent National Electoral Commission (INEC) to conduct a fresh election in Bayelsa within 90 days.

Diri, candidate of the Peoples Democratic Party (PDP), was sworn in as governor after the supreme court sacked David Lyon as governor-elect 24 hours before his inauguration.

The apex court based its rulings on the premise that Biobarakuma Degi-Eremieoyo, running mate of the candidate of the All Progressive Congress (APC), presented forged certificates to the Independent National Electoral Commission (INEC).

The Presiding Judge, Makurdi Judicial Division of the National Industrial Court, His Lordship, Hon. Justice Salisu Danjidda has ordered Etche Local Government Council to pay its former supervisory councillor, Hon. Emeka Mbonu the sum of N4,855,800.00 as severance/gratuity and furniture allowance within 30 days.

However, Justice Danjidda dismissed Hon. Emeka’s claim for arrears of salaries from June 2009 to March 2011 with interest for lack of evidence.

From facts, the Claimant’s- Hon. Emeka Mbonu had stated that he was appointed as Council Supervisor on 7th August 2008 that there was a shortage in the payment of his monthly salaries which he complained to the Council but nothing was done until his tenure lapsed in 2011. The Claimant felt aggrieved and asked the court for payment of his salaries, allowances and entitlements from August 2008 to May 2009 and from June 2009 to March 2011.

In defence, the Council postulated that Emeka’s appointment as Council Supervisor was terminated in May 2009 hence not entitled to any allowances or entitlements after May 2009 that what the Claimant is claiming as the shortage in his monthly salary from 2008 to 2009 is the statutory tax deductions.

In his contention, Council Counsel N.C. Okonkwo Esq opined as an afterthought on the part of the Claimant who wants to take advantage of the fact that he refused to collect his letter of termination and want to benefit from it by laying claims to salaries and allowances he never worked for, urged the court to hold so.

Counsel contended that the only debt the Council is owing the Claimant is furniture allowance of N2,427,900.00.

Claimant counsel Nwala I.A. Esq submitted that claimant has shown that his entitlements under the fringe benefits law were not paid to him all through his appointment from 2009 to 2011 and he was underpaid from August 2008 to 2009. Counsel argued that the Council acknowledged and promised to pay the debts but never paid even upon several demand letters urged the Court to grant the reliefs sought.

Delivering Judgment, the presiding Judge, Justice Salisu Danjidda held that the Claimant did not deem it fit to present the bank statement for the whole period of August 2008 to March 2011 to show how the deductions were made.

“In as much as there is no evidence of service of exhibit ELG01 (the purported letter of termination), the Claimant did not as much lead evidence to support his claim that he continued to work as a Supervisor beyond May 29, 2009.

“To prove entitlements, an employee must refer the court to the exact Law, instrument or document. And a claim for entitlements of salary or allowances is a claim for special damages which must be specifically pleaded and strictly proved with compelling evidence.

“From the foregoing, therefore, this court is bound by the established principles of law as regards the requirement of proof in civil matters especially for monetary claims, judicial decisions of superior courts and evidence presented. I, therefore, find that the Claimant has tilted the balance of probability in his favour only as regards his severance/gratuity and furniture allowances.”