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Diri’s Tribunal Victory: Why It’s A Lost Battle For Sylva – Ebiki Ogele

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The victory of the Governor of Bayelsa State, Senator Douye Diri and the Deputy Governor, Senator Lawrence Ewhrudjakpo, at the Bayelsa State Governorship Election Petition Tribunal, didn’t come to people of good conscience as a surprise.

Most observers and key participants in the November 11th gubernatorial election, knew very well that the election was won clean, free and fair by the candidates of the PDP, despite the electoral malfeasance perpetrated by agents of the APC candidate, Chief Timipre Sylva.

In fact, it was too obvious that Diri was the most sellable and popular candidate in the build up to the gubernatorial election. There were several defections from APC to PDP, including public declaration of support for Diri by most APC leaders and stakeholders.

After failing the guber election woefully, Nigerians, particularly Bayelsans are shocked that Sylva approached the Tribunal with “cooked votes” that bypassed BVAS accreditation; which results that the electoral umpire, INEC roundly denounced.

INEC representatives at the Election Petition Tribunal queried the source of the fake polling units results brought to the court, as they were not generated and recognized by any of the officials of the electoral body.

Is it not ridiculous that no official of the electoral umpire, INEC was a witness to testify or stand by those ‘voodoo’ votes from the disputed 184 polling units by the petitioners Sylva/APC?

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 Bayelsa State Governorship poll.

It is shameful to note that the petitioner and his legal team were slammed for procedural error in filing their petition at the onset.

What a bad omen! Sadly, no diligence in presenting their case. Was it that Dennis Otiotio and his co-travellers forgot that all accompanying documents including statements on oath of their witnesses were to be filed within the statutory 21 days?

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 is declared and announced.

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.”

Furthermore, the tribunal dismissed the allegation that the deputy governor,
Senator Lawrence Ewhrudjakpo, tendered forged University Degree Certificate and NYSC Exemption Certificate, to the Independent National Electoral Commission (INEC) in aid of his qualification to contest the election.

The tribunal held that the deputy governor’s educational qualification had already been determined by a court of competent jurisdiction.

With all the available facts, it is very clear that the Bayelsa APC and its candidate are merely chasing shadows, as they embarked on unproductive and unworthy cause of legal action.

What a laughable scenario whereas Sylva and his party prayed the tribunal to declare them winners of the governorship election, and in the same breath, applied for the same election to be declared null and void. What a contradiction in a state of political confusion!

The pointers in this case are very clear and do not favour Timipre Sylva. It is a bad case! It lacks merit. Even if the matter is “surreptitiously” taken to the ‘World Court,’ the facts are too overwhelming to dismiss the petition. This petition is simply a waste of precious time of the court.

The November 11th gubernatorial election declaration, cannot be easily manipulated because, the process produced a generally acceptable results in favour of the incumbent Governor, Senator Douye Diri.

The general interest and progress of the state, should be bigger than the personal interest of a few political actors. Chief Sylva has no case to pursue. It’s time to be a man of honour by congratulating the winner of the election, Senator Douye Diri.

 

Ebiki Ogele writes from Yenagoa, Bayelsa State.

28th May, 2024

28th May, 2024

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