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The governorship candidate of the All Progressives Congress in Bayelsa State in last November's governorship election and the former Minister of State for Petroleum, Timipre Sylva, has stated his plan to appeal the tribunal judgment affirming the election of Douye Diri of the Peoples Democratic Party as governor.
Sylva expressed dismay with the judgment in a statement signed by his Special Assistant on Media and Public Affairs, Julius Bokoru.
He affirmed that he was heading for the Court of Appeal to liberate Bayelsans.
According to the statement, the decision to appeal the judgment was taken at the meeting and Sylva also directed his legal team to make the necessary preparation.
Sylva said: “We are not satisfied with the decision of the tribunal. But this is just a court of first instance and after meeting with the elders and critical stakeholders of our great party, the APC, we directed our legal team to seek justice for Bayelsa at the Supreme Court.”
The Bayelsa State Governorship Election Petition Tribunal sitting in Abuja, in a judgment on Monday, upheld Diri’s victory in the November 11, 2023 governorship election in the state.
The Independent National Electoral Commission had declared that Diri of the PDP polled 175,196 votes to defeat his closest rival, Sylva of the APC, who scored 110,108 votes.
Reacting in a statement by his Chief Press Secretary, Daniel Alabrah, Diri said the tribunal judgment had proven again that the judiciary was the last hope of the common man.
While describing the lawsuit as “a needless distraction”, he said he could not squarely focus on governance and delivery of dividends of democracy to the people of Bayelsa State.
“Matters like these are mere distractions in delivering the dividends of democracy to the people, particularly against the backdrop that we had an election that was adjudged to be one of the freest and the fairest. And yet we have been distracted over this period. I want to let the Bayelsa people know that we are still for you and will continue to work for you and walk with you until the final day of our administration.
A three-man panel led by Justice Adekunle Adeleye dismissed the petition filed by Sylva and the APC against Diri for lacking in merit.
In a unanimous decision, 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 held that the petitioners’ prayers were contradictory, adding that Sylva and APC did not tender any electoral material to show that any irregularity occurred during the election.
The tribunal also held that the petitioners were unable to discharge the burden of proof that was placed on them by the law.
The panel said the petitioners failed to show, “polling units by polling units evidence of the non-compliance submitted and how it substantially affected the outcome of the election.”
The tribunal struck out as incompetent all the additional proof of evidence as well as statements on oath of some of the witnesses who testified for the petitioners.
“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.
