The Bayelsa State Governorship Election Petition Tribunal, convening in Abuja, affirmed on Monday the re-election of Governor Douye Diri of Bayelsa State.
This tribunal, led by Justice Adekunle Adeleye, consists of three members who unanimously dismissed the petition filed by the All Progressives Congress and its candidate, Chief Timipre Sylva.
The tribunal ruled that the petitioners failed to provide credible evidence to support their allegations against the outcome of the Bayelsa state governorship poll. Specifically, it struck out as incompetent all additional proof of evidence and statements on oath from some of the witnesses presented by the petitioners.
The tribunal emphasized that election petitions must be filed within 21 days after the election results are declared and must be accompanied by written statements from all intended witnesses at the time of filing. The late submission of additional evidence and witness statements by Sylva and his party was deemed an improper attempt to amend their case.
The petition included allegations against the deputy governor, Lawrence Ewhrudjakpo, accusing him of submitting forged University Degree and NYSC Exemption Certificates to the Independent National Electoral Commission to qualify for the election.
The tribunal ruled this as a pre-election matter that should have been addressed in the Federal High Court, noting the petitioners’ failure to challenge the certificates’ authenticity within the required 14 days after their submission to INEC. Additionally, the issue of Ewhrudjakpo’s educational qualification had already been settled by a competent court.
The tribunal noted a contradiction in the petitioners’ requests, as they sought both to be declared winners of the governorship election and to have the election declared invalid. Furthermore, the tribunal observed that Sylva and the APC did not present any electoral materials to prove any irregularities during the election. They failed to demonstrate, on a polling unit basis, how non-compliance substantially affected the election outcome.
Justice Adeleye, delivering the lead judgement, stated that some allegations in the petition contained criminal elements that required proof beyond a reasonable doubt. The tribunal upheld the respondents’ preliminary objections challenging the petition’s competence.
Respondents in the petition marked EPT/BY/GOV/04/2023 included INEC, Governor Diri, Deputy Governor Ewhrudjakpo, and the PDP. INEC had previously declared that Governor Diri of the PDP garnered 175,196 votes, defeating Sylva of the APC, who received 110,108 votes.
Displeased with the election outcome, Sylva, a former governor of Bayelsa State (2008-2012) and the immediate past Minister of State for Petroleum Resources, contested the results. He alleged that INEC wrongfully excluded results from three Local Government Areas: Southern Ijaw, Ogbia, and Nembe. Sylva argued that elections were held in these LGAs, with results forwarded for collation, contrary to INEC’s claim that no elections occurred there. He maintained that including these results, which he considered his strongholds, would have secured his victory.
Sylva also contended that Governor Diri did not secure the highest number of valid votes and that the election was invalid due to non-compliance with the Electoral Act. He argued that Governor Diri and his deputy were not qualified at the election time, seeking to invalidate the Certificate of Return issued to Diri by INEC.
In dismissing the petition, the tribunal supported INEC’s evidence that no election occurred in the disputed LGAs. The tribunal highlighted the petitioners’ failure to present Voters Registers, Bimodal Voter Accreditation System machines, or call witnesses to prove the alleged exclusion of results 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 presentation 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 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.
