The Bayelsa State Governorship Election Petition Tribunal sitting in Abuja on Monday, upheld the election that produced Governor Douye Diri of Bayelsa State.
A three-man panel led by Justice Adekunle Adeleye dismissed the petition filed by the candidate of the All Progressives Congress, Timipre Sylva, and the party for lacking in merit.
In a unanimous decision, the tribunal held that the petitioners failed to prove any credible evidence to back up any of the allegations they raised against the re-election victory of Diri.
It held that the prayers of the petitioners were contradictory, adding that Sylva and APC did not tender any electoral material to show that any irregularity occurred during the election.
The tribunal also held that the petitioners were unable to discharge the burden of proof that was placed on them by the law.
The panel said the petitioners failed to show, “polling units by polling units evidence of the non-compliance submitted and how it substantially affected the outcome of the election”
The tribunal 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 tribunal held that the law expressly states that “an election petition must be filed not later than 21 days after the result of an election has been declared”.
It also stated that such a petition must be accompanied by written statements of all the intended witnesses at the time it was filed.
The tribunal also held that some of the allegations in the petition contained elements of criminality that should be proven beyond reasonable doubt.
The tribunal also upheld preliminary objections filed by the Respondents challenging the competence of the election.
For the deputy governor, Lawrence Ewhrudjakpo, whom APC and Sylva claimed presented forged University degree certificates to the Independent National Electoral Commission, to enable him to qualify to run in the elections, the tribunal dismissed their claims.
The tribunal held that the deputy governor’s educational qualification had already been determined by a court of competent jurisdiction.
It stated, “took judicial notice of the fact that the 3rd Respondent, Ewhrudjakpo, is a legal practitioner and for this reason, the tribunal is satisfied that he was eminently qualified to contest the election.”
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