The Bayelsa State Governorship Election Petition Tribunal has affirmed the re-election of Governor Douye Diri. The tribunal, led by Justice Adekunle Adeleye, dismissed the petition filed by the All Progressives Congress (APC) and its candidate, Timipre Sylva, challenging the outcome of the election.
In a unanimous decision, the tribunal concluded that the petitioners failed to provide credible evidence to support their allegations. The tribunal struck out all additional proofs of evidence and the statements on oath from some witnesses presented by the petitioners, deeming them incompetent. Justice Adeleye emphasized that election petitions must be filed within 21 days after the election results are declared and must include the written statements of all intended witnesses at the time of filing. The late submission of additional evidence and witness statements by Sylva and the APC was considered an improper attempt to amend their case.
The tribunal also dismissed the allegation that Deputy Governor Lawrence Ewhrudjakpo had submitted forged university degree and National Youth Service Corps (NYSC) exemption certificates to the Independent National Electoral Commission (INEC). The tribunal ruled that this was a pre-election matter that should have been litigated in the Federal High Court and was now statute-barred because the petitioners failed to challenge the certificates within 14 days of their submission to INEC. Additionally, it noted that Ewhrudjakpo’s educational qualifications had previously been upheld by a competent court, confirming his eligibility to contest the election.
The tribunal found inconsistencies in Sylva and the APC’s petition, noting their contradictory requests to be declared the valid winners of the election while simultaneously calling for the election to be declared invalid. The petitioners did not provide any electoral materials to substantiate claims of irregularities, nor did they demonstrate how any alleged noncompliance affected the election’s outcome.
Justice Adeleye, in delivering the lead judgment, stressed that some allegations in the petition involved criminal elements that required proof beyond a reasonable doubt. The tribunal upheld the preliminary objections raised by the respondents, challenging the competence of the petition.
Ultimately, the tribunal’s decision reaffirms Governor Diri’s mandate, concluding that the petitioners failed to meet the legal burden of proof required to overturn the election results.
