May 27, (THEWILL) – The Bayelsa State Governorship Election Petition Tribunal, in Abuja, has declared Douye Diri of the Peoples Democratic Party (PDP) as duly elected Bayelsa State governor.
A three-member panel of Justices, led by Adekunle Adeleye, upheld the victory of Diri in the November 11, 2023, gubernatorial election and dismissed as lacking in merit, the petition that was brought before it by the All Progressives Congress (APC) 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 election.
Consequently, 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.
According to the tribunal, 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 a petition must be accompanied by written statements of all the intended witnesses at the time it was filed.
The tribunal held that the decision of 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 further dismissed the allegation that the deputy governor, Lawrence Ewhrudjakpo, tendered a 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 tribunal held that a court of competent jurisdiction previously determined the issue of Ewhrudjakpo’s educational qualification.
Holding that the petitioners were unable to discharge the burden of proof that was placed on them by the law, the three justices unanimously dismissed the petition and declared Duoye Diri of the PDP, the duly elected governor of Bayelsa.
