The controversies over an alleged fake Court of Appeal judgement on Southern Ijaw Constituency IV may have been settled and a rerun election fixed for March 5. But the issues preceding the poll have not just confounded stakeholders, but also dramatic.

By Samuel Oyadongha

The rescheduled poll would enable the sacked Speaker, Mr. Kombowei Benson of the Peoples Democratic Party PDP and his rival, Mr. Ebifaghe Orunimighe of the All Progressive Congress APC, to again test their grassroots popularity.

According to the State Resident Electoral Commissioner, REC, Mr. Austen Okojie, the fresh election shall be conducted in all the wards except Olodiama Ward 4 and Polling Units 20-30 in Foropa Ward 14.

Prior to the release of the time table, Benson had repeatedly claimed that the appeal court ruling of December 9, 2015 did not nullify his victory.

Benson had refused to vacate the seat and his position as speaker, insisting that the written judgment was different from the court’s records of proceedings which dismissed the appeal.

He continued to retain his seat and also chaired the House session that received the state’s 2016 Appropriation Bill from Governor Seriake Dickson.

Trouble started in January when the APC demanded the resignation of the Speaker over the ruling.

The Court of Appeal sitting in Port Harcourt, Rivers State, according to the APC, had declared as null and void the election of Benson and ordered a fresh election in the Constituency 4 in Southern Ijaw Local Government Area.

The Court ordered that the election of Benson was null and void.

The Court of Appeal, presided over by Hon. Justice Mohammed Lawal Garba,   Hon. Justice Ejembi Eko and Hon. Justice Stephen Jonah Adam,   said: “It is hereby ordered that fresh elections shall be conducted in all the wards of the constituency within  90days from today except in Olodiama ward four and the polling units 20-30 in Foropa ward four (4).”

“These results from Olodiama ward four (4) and polling unit 20-30 in Foropa ward four(4) shall upon the fresh elections in other wards as ordered, thereafter be duly collated and final declaration/return made.”

However, the APC, in a statement  accused Benson of refusing to obey the order which meant that he would vacate his seat as a member of the House before the re-run election.

“As I send this message now, the Speaker has refused to vacate the seat. He went ahead on Friday to receive the 2016 Appropriation Bill as submitted by the governor, Seriake Dickson. We are seeking legal means to compel the court to issue a contempt order against him and get him arrested and evicted from the House.”

But the embattled Speaker dismissed the claim and insisted that his election was not annulled by the court of appeal sitting in Port Harcourt.

Benson who addressed journalists on the matter maintained that the judgment written by Justice Ejembi was not delivered in an open court.

He however said he had filed a suit at the same court challenging the legality of the ruling nullifying his election into the state Assembly.

Benson, added that pending the determination of the suit, he remained the authentic Speaker of the State House of Assembly.

“I stand by the judgment of December 9, 2015 dismissing the appeal of my opponent. And until otherwise proven beyond reasonable doubt, I remain the Speaker and would preside and rule over the affairs of the Bayelsa State House of Assembly,” he had declared.

On February 10, 2016, the court, ruling on a fresh application filed by Benson, validated its earlier judgment that nullified the election of the former speaker.

The court presided over by a new panel of five justices, admitted that the December 9 lead judgment was prepared by Justice Ejembi Eko in agreement with Justices Mohammed Garba and Stephen Adah.

The new justices, who validated the judgment, are Abdu Aboki, Sidi Bage, Samuel Oseji, Ibrahim Bdliya and Misitura Bolaji-Yusuf.

With the March 5 election date closer, expectations are high over the likely outcome of the exercise.