The Bayelsa State Governorship Election Petition Tribunal in Abuja has upheld the re-election of Governor Douye Diri of Bayelsa State, South-south Nigeria.
A three-member panel of the tribunal led by Adekunle Adeleye, on Monday, dismissed a petition filed by the All Progressives Congress (APC) governorship candidate in the 11 November 2024 governorship election in the state, Timipre Sylva.
‘No credible evidence’
The tribunal said Mr Sylva’s petition lacked merit.
In its unanimous verdict, the tribunal said Mr Sylva and the APC failed to lead any credible evidence to prove allegations of electoral fraud during the Bayelsa State governorship election.
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The tribunal, after evaluating petitioners’ evidence, dismissed the statement on oath of some of Mr Sylva’s witnesses.
Referencing some of provisions of the Nigerian Constitution, the tribunal said an election petition must be instituted not later than 21 days after the results of an election was declared by the electoral commission, INEC.
It further pointed out that a petition must be filed alongside written statements of all the potential witnesses in the suit.
The tribunal faulted Mr Sylva’s late filing of additional proof of evidence and witnesses’ statement on oath, saying it amounted to a “surreptitious attempt to amend the case of the petitioners.”
Deciding on the issue of non-qualification of the Bayelsa State Deputy Governor, Lawrence Ewhrudjakpo, to stand in the election, the tribunal said the issue of certificate forgery against Mr Ewhrudjakpo was a pre-election matter that ought to have been filed at the Federal High Court.
Forgery allegations discussed
More so, the tribunal dismissed the allegation that the deputy governor forged his university certificate.
Mr Sylva earlier accused Mr Ewhrudjakpo forging his university degree certificate and the National Youth Service Corps (NYSC) exemption certificate, which were submitted to the Independent National Electoral Commission (INEC) to support his candidature.
The tribunal recalled that the issue of Mr Ewhrudjakpo’s educational qualification had been determined by a court of competent jurisdiction.
Contradictions
In the decision, the judges pointed out the contradiction in Mr Sylva’s case when he urged the tribunal to declare him winner of the poll while asking it to also invalidate the election.
The tribunal further said Mr Sylva and his party failed to substantiate their claim of electoral malpractices, and how they affected the outcome of poll.
It held that the petitioners were unable to discharge the burden of proof that was placed on them by the law, stressing that they failed to show, polling units by polling units, the particulars of the non-compliance they alleged and how it substantially affected the outcome of the election.
Mr Diri, the Peoples Democratic Party (PDP) candidate won the November 2023 governorship poll to secure a second term. He polled a total of 175,196 votes to beat Mr Sylva who garnered 110,108 votes.
Mr Sylva had resigned his position as the Minister of State for Petroleum Resources under former President Muhammadu Buhari’s administration to contest the election as the APC candidate.
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