The former governor of Bayelsa State, Chief Timipre Sylva and the All Progressives Congress (APC), have passed a vote of no confidence on the Panel of the Election Tribunal sitting on a petition filed against the election of Governor Duoye Diri.
Consequently, the tribunal adjourned indefinitely pending the decision of the Court of Appeal President, Mrs Monica Dongban-mensem, on a petition against the three-member panel led by Justice Adekunle Adeleye.
At the resumption of the petition, Monday,
the Independent National Electoral Commission (INEC), were called up to open its defence, however, counsel to the petitioners, Mr R. O. Balogun, SAN, informed the tribunal of a petition and letter written to the President of the Court of Appeal and the Secretary of the tribunal, complaining of bias and lack of fair hearing.
The former governor and his party, in the petition specifically asked the president to disband the panel and constitute a new one, adding that the petitioners still have up till May 28, for the expiration of their petition.
They moved to adjourned further proceedings, pending the decision of the Court of Appeal President.
Although, INEC, Diri, and his deputy, Senator Lawrence Ewhrujakpo, had initially opposed the request for adjournment, but made a u-turn, after the People’s Democratic Party (PDP), pointed out that it is the petitioners case and they can spend the whole year, arguing it.
In their petition, they posited that record of proceedings obtained so far, showed that observations comments made by the tribunal suggested that they have already made up their minds to favour the respondents.
They maintained that the record showed that the tribunal on its own made observation in writing to the extent that the pattern of writing witness statement on oath by the witnesses called by the petitioners are the same.
The petitioners also said to have observed in the record of proceedings that the signatures of the witnesses are the same without calling experts, to establish so.
While pointing out that the panel have already concluded that the polling units results tendered by the petitioners are fake, they submitted that it was wrong for the tribunal to make the observation on the record of proceedings.
They said based on the above they no longer have faith and confidence in the panel and urged the panel to suspend further trial until their petition is resolved by the president of the Court of Appeal.
Former governor and immediate past Minister of State for Petroleum, Chief Timipre Sylva and the APC, are challenging INEC’s declaration of Diri as the winner of the November 11 governorship poll in Bayelsa State.
According to them, the electoral umpire denied them of votes in their “strong areas”, when it cancelled results in three Local Government Areas of Nembe, Ogbia and Southern Ijaw, on alleged disruption of the electoral process and diversion of electoral materials.
However, after calling a total of 52 witnesses, out of the 224 lined up to prove their allegations against the election, the petitioners announced that they were satisfied with the prosecution of their case and would like to close it.
Following the closure of their case last week, the panel fixed March 4, for the respondents to open their defence.
However, the respondents could not open their defence due to the petition against the panel.
INEC had declared Diri and the PDP winner of the November 11, 2023 governorship election in Bayelsa State, having won majority of the votes cast at the election.
According to the Returning Officer, Professor Faruq Kuta, the PDP and Diri polled 175, 196 votes to defeat his closest rival, Timiprey Sylva of the APC who scored 110,108 votes.
Dissatisfied, Sylva and APC had approached the tribunal to challenge the declaration of Diri as winner of the November 11 governorship election.
The petitioners are asking the tribunal to hold that contrary to the position of the electoral umpire, election held in some polling units and winners declared at the said units, adding that it was wrong of INEC to disregard the results at the ward and local government level.
It is their claim that if the said cancelled results were restored by the court, they would emerge winner of the November election.
But the respondents especially INEC which conducted the election submitted that election in three local governments of Southern Ijaw, Ogbia and Nembe, did not hold due to incidents of alleged diversions of materials and disruption of the electoral process over alleged bypass of the BVAS machine.
They had tendered the Form EC40G to confirm that there were no elections in the said polling units.
In addition the respondents brought CTCs of results from INEC to prove that the results brought before the court as evidence that election held at the polling units were forged by the petitioners.
