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.”
The tribunal held that Sylva and his party filed their additional proof of evidence and statement on oath of witnesses, long after they had filed the petition.
Justice Adeleye held that this is “tantamount to a surreptitious attempt to amend the case of the petitioners.”
He stated that Sylva and his party prayed it to declare that they were the valid winners of the governorship election meanwhile, they equally applied for the said election to be declared invalid.
The tribunal concluded the delivery by dismissing the petitioners’ petition.
The panel held that it found no reason to throw out the result of the election as announced by INEC.
The tribunal said it was satisfied with evidence from INEC that the election did not hold in the disputed LGAs.
It held that the petitioners did not tender any Voters Register, Bimodal Voter Accreditation System, BVAS, machine, or call witnesses to establish that results from the said LGAs were excluded during the collation process.
“The result declared by INEC enjoys presumption of regularity and a party desirous to challenge the result must do so with convincing and credible evidence. None presentations of BVAS machines and Voters Register used for accreditation in the election proved fatal to the case of the petitioners.
“I hold that the onus of proof of the positive assertion that valid election took place in the disputed 184 polling units in 57 wards, rests on the petitioners. I also hold that the margin of lead principle is not applicable in this case as the petitioners made contradictory prayers.
“The petitioners, having failed to establish all the pleaded facts, I hold that this petition failed on all the three grounds that it was predicated upon. I hereby dismiss the petition as lacking in merit. Parties are to bear their respective costs,” the tribunal held,” the tribunal stated.
Recall that INEC announced Diri of the PDP as the winner of Bayelsa gubernatorial elections with a total of 175,196 votes to defeat his closest rival, Sylva of the APC who scored 110,108 votes.
Dissatisfied with the election result, Sylva approached the tribunal, to challenge the scores alleging irregularities.
He claimed three Local Government Areas weren’t included by INEC, insisting that the governor and his deputy were not qualified at the time the election was held.
He also said APC and the governor, did not secure the highest number of valid votes cast at the election.
He contended that the election was invalid because of non-compliance with provisions of the Electoral Act, urging the tribunal to invalidate the Certificate of Return that was issued to Diri.
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