By: Nwakaji Peace Martins
The Bayelsa State Governorship Election Petition Tribunal convened in Abuja, yesterday, upheld the re-election of Governor Douye Diri of Bayelsa State by dismissing the petition lodged by the All Progressives Congress (APC) and their candidate, Chief Timipre Sylva, on the grounds of lacking merit.
In a unanimous decision, the Justice Adekunle Adeleye-led tribunal of three members articulated that the petitioners did not provide any credible evidence to substantiate the allegations they made against the election results.
The tribunal deemed all supplementary evidence and sworn statements of the witnesses for the petitioners as incompetent and therefore dismissed them.
As per the tribunal, the law explicitly states that an election petition must be filed within 21 days of the election results being declared. It was stated that such a petition must include written statements from all intended witnesses when filed.
The tribunal concluded that Sylva and his party’s decision to submit additional evidence and sworn statements from witnesses long after the initial petition was filed was an attempt to surreptitiously amend the petitioners’ case.
Moreover, the tribunal rejected the claim that Deputy Governor Lawrence Ewhrudjakpo presented forged university and NYSC exemption certificates to the Independent National Electoral Commission (INEC) to qualify for the election. The tribunal stated that this was a pre-election issue that should have been resolved in the Federal High Court and that the petitioners had failed to question the authenticity of the certificates within 14 days of submission to INEC.
Additionally, the tribunal ruled that Ewhrudjakpo’s educational qualifications had already been determined by a competent court. The tribunal acknowledged that Ewhrudjakpo, the third respondent, is a legal practitioner and thus qualified to contest the election.
The tribunal also noted that Sylva and the APC sought to be declared the valid winners of the governorship election while simultaneously requesting that the election be deemed invalid. The tribunal found these requests contradictory and emphasized that Sylva and the APC had not presented any electoral materials demonstrating irregularities during the election.
Furthermore, the tribunal stated that the petitioners failed to meet the burden of proof required by law. They did not provide detailed evidence, polling unit by polling unit, to support their claims of non-compliance and how this affected the election results.
Similarly, the Kogi State Governorship Election Petition Tribunal in Abuja upheld the victory of Governor Usman Ododo of the All Progressives Congress (APC).
The panel, led by Justice Ado Birnin-Kudu, concluded that the petition lacked substance and dismissed it.
The tribunal ruled that the petitioners, the Social Democratic Party (SDP) and the Peoples Redemption Party (PRP), along with their candidates, Murtala Ajaka and Abdullahi Bayawo, failed to substantiate their allegations of over-voting and non-compliance with the Electoral Act of 2022 in the petition.
In a unanimous decision, the panel found all witness evidence submitted to be incompetent and inconsistent.
The tribunal agreed with the respondents that the forgery allegations raised in the petitions were pre-election issues that should have been addressed within 14 days of the documents being submitted to INEC.
Governor Diri stated that his re-election would motivate him to serve the state better in his second term.
In a statement from his Chief Press Secretary, Mr. Daniel Alabrah, the petition was described as a “needless distraction,” and the judiciary was commended for upholding justice for the common man.
Sylva expressed dissatisfaction with the tribunal’s ruling and, following a meeting with party elders and stakeholders, directed his legal team to seek justice at the Court of Appeal.
Sylva assured the people of Bayelsa that the appeals court would rectify the tribunal’s decision and urged them to remain positive and law-abiding.
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