The Bayelsa State Governorship Election Petition Tribunal sitting in Abuja, has affirmed the re-election of Governor Douye Diri of Bayelsa State.
Chairman of the tribunal Justice Adekunle Adeleye dismissed the petition of the All Progressives Congress, and its candidate, Timipre Sylva.
In its unanimous decision, the tribunal held that the petitioners failed to adduce any credible evidence to substantiate any of the allegations they raised against the outcome of the Bayelsa state governorship poll.
It struck out as incompetent, all the additional proof of evidence as well as statements on oath of some of the witnesses that testified for the petitioners.
The law expressly provided that an election petition must be filed not later than 21 days after the result of an election was declared.
It held that such petition must at the time it was filed, be accompanied with written statements of all the intended witnesses.
The decision of Mr Sylva and his party to file their additional proof of evidence and statement on oath of witnesses, long after they had filed the petition, was “tantamount to a surreptitious attempt to amend the case of the petitioners.”
The tribunal dismissed the allegation that the deputy governor,
Lawrence Ewhrudjakpo, tendered forged University Degree Certificate and NYSC Exemption Certificate, to the Independent National Electoral Commission, INEC, in aid of his qualification to contest the election.
It held that the allegation was a pre-election matter that ought to be litigated before the Federal High Court, adding that the matter had become statute barred since the petitioners failed to challenge the genuineness of the certificates, 14 days after it was submitted to INEC.
The issue of Mr Ewhrudjakpo’s educational qualification was previously determined by a court of competent jurisdiction.
The tribunal said it took judicial notice of the fact that the 3rd Respondent, Ewhrudjakpo, is a legal practitioner, saying it was satisfied that he was eminently qualified to contest the election.
Likewise, the tribunal noted that whereas Mr Sylva and his party prayed it to declare that they were the valid winners of the governorship election, they equally applied for the same election to be declared invalid.
It held that prayers of the petitioners were contradictory, adding that Sylva and APC did not tender any electoral material to show that any irregularity occured during the election.
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.
Related posts:
Ekiti election tribunal upholds Kayode Fayemi as Governor
Governor Duoye Diri Votes in Bayelsa, Commends Process
INEC Announces Duoye Diri Re-Elected Governor Of Bayelsa
Tribunal upholds victory of Governor Ganduje of Kano state
Tribunal upholds election of Senator Tolu Odebiyi representing Ogun west
Tribunal Upholds Election Of Labour Party Rep For Oshodi/Isolo
Tribunal Upholds Election Of PDP Senator For Enugu West District
Tribunal Upholds Orji Kalu’s Election As Abia North Senator
