Bayelsa Governorship : Tension, anxiety as Appeal court sets to rule on Sylva’s petition against Diri
. Dismisses Appeal by Labour Party's candidate Udengs Eradiri
There is palpable anxiety in Bayelsa State as the Court of Appeal is set to give judgment on the appeal brought before it by the All Progressives Congress ,APC, candidate in November 11 governorship. Election Chief Timipre Sylva.
Niger Delta Herald reports that the petitions tribunal had dismissed Sylva’s petition for lacking merit which prompted the appeal by Chief Sylva and the
The Court of Appeal, Abuja, had ,reserved judgment in the governorship appeals brought by the All Progressives Congress and its governorship candidate, Timipre Sylva, against the judgment of the Bayelsa State governorship election tribunal.
Recall that the Tribunal, in its judgment delivered May 17, 2024, in Abuja, upheld the election victory and return of Governor Douye Diri and his deputy, Senator Lawrence Ewhrudjakpo
The tribunal’s three-man panel led by Justice Adekunle Adeleye, dismissed Sylva and APC’s petition for lacking in merit.
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.
The tribunal declared that the prayers of the petitioners were contradictory.
Unanimously, the Justices held that Sylva and APC did not tender any electoral material to show any irregularity that occurred during the election as claimed.
Sylva dissatisfied with the judgment of the tribunal, approached the tribunal to set aside the judgment.
At appeal court sitting, after parties in the suit adopted their written addresses, the three-man panel of the appeal court led by Justice James Abundaga, reserved judgment in the appeals.
Counsel to the respondents in the suit, in their arguments, asked the court to dismiss the appellant’s suit, while the appellant’s counsel asked the court to dismiss their arguments.
Dr Onyechi Ikpeazu (SAN) led the appellant’s legal team, while Charles Uwensuyi-Edosomwan (SAN) appeared for the Independent National Electoral Commission, Chief Chris Uche (SAN) led Governor Diri’s legal team, A former Attorney General of Imo State, Chukwuma Machukwu (SAN) appeared for the deputy governor while Tayo Eyitayo (SAN) appeared for the Peoples Democratic Party.
He urged the court to hold that the appeal lacked merit and should be dismissed.
He claimed that the appellants woefully failed to prove their case of unlawful exclusion or non-collation of the said results of the election from the 184 polling units in Nembe, Ogbia and Southern Ijaw Local Government Areas.
He said in similar circumstances of the case, the tribunal was right for not relying on the evidence adduced by the appellant’s witnesses.
He said, “The finding of the lower court concerning the credibility of the evidence of the Pw52 (Dr Dennis Otiotio) was right and not perverse.
“That the appellants, having voluntarily participated in the process of reading the bar code on the said polling unit result sheets, can no longer complain about the process and the result of the said process.”
He said the appellants woefully failed to discharge the burden of proof that lawful votes due them, were excluded and not collated accordingly, which would have come out in their favour.
Uche said, “I urge my Lords to dismiss the appeal for grossly lacking in merit. I have looked at the appellant’s brief, and it is rather invalid. Election matters are suis generis and I pray the suit be dismissed.”
Ikepazu, however, urged the court to dismiss the respondents’ preliminary objections.
He said, “We adopt our submissions and urge my Lords to dismiss the preliminary objection”.
In a related department ,
urt of Appeal dismisses appeal filed by Udengs Eradiri of Labour Party for lack of diligent prosecution of his petition.
The court noted that Eradiri and his lawyer had abandoned their petition by raising fresh issues on appeal which were different from those raised at the tribunal.
The Court also observed that curiously, neither the petitioner nor his lawyer signed the record of appeal. That’s lack of seriousness!
Senator Douye Diri and Senator Lawrence Ewhrudjakpo of the PDP remain validly elected Governor and Deputy Governor of Bayelsa State respectively.
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