Bayelsa guber: Gov Diri, PDP close defence, fixes April 22 for adoption

The Bayelsa State Governorship Election Petition Tribunal, on Thursday, fixed April 22 for parties to adopt their final briefs of argument in the petition the All Progressives Congress, APC, and its candidate, Chief Timipre Sylva, filed to challenge the outcome of the governorship poll that held in the state on November 11, 2023. The Justice Adekunle Adeleye-led three-member tribunal okayed the matter for adoption of addresses, after Governor Douye Diri, his deputy, Lawrence Awhrujakpo and the Peoples Democratic Party, PDP, who were cited as respondents in the matter, closed their defence. Each of the respondents produced a witness that testified before the tribunal, even as they tendered several electoral documents in evidence. Governor Diri’s witness, Mr. Gesiye Isowo, identified himself as the Secretary of thw PDP in Bayelsa State. Among exhibits he tendered before the tribunal included his his party membership card and his Permanent Voters Card. Governor Diri, through the witness, also tendered in evidence, the official result of the election as well as the final declaration of the result, which were contained in INEC’s forms EC8D and EC8E. The governor equally tendered INEC’s forms EC8B and EC8C. While being cross examined by counsel to the petitioners, Mr. Sylvester Elema, SAN, the witness told the tribunal that he registered and voted at Unit 9, Ward 10 in Kolokuma/Okpokuma LGA. “There was restriction of movement on the day of the election. I did not go to Nembe, Ogbia and Southern Ijaw because of the restriction, but I had agents in all the polling units. I was in constant touch with my agents in all the LGAs,” he stated. Asked if it was true that the National and State Assembly elections held in the state in February and March 2023, the witness said he was in court only with respect to the governorship election. “I am not INEC. If you ask about my party’s primary, then I should know,” he added. The petitioners had contended that voters registers that were tendered in evidence and marked as Exhibit R1- R19 by the tribunal, which was generated on January 25, 2023, were only used for the National Assembly election and not governorship poll. However, in his evidence, the witness insisted that the registers were used for the governorship poll. He identified his name as No. 179 in the voters register that was used at his polling unit. The petitioners opposed the tendering and admissibility of the register which they said was not furnished to them before hand as directed by the tribunal. On their part, the respondents urged the tribunal to disregard the objection and admit the exhibit as relevant to the case, saying it would help to confirm if the witness actually voted during the election or not. Continuing his testimony under cross examination, the witness, told the tribunal that some of the voters register were not ticked because election did not hold in those areas. Asked if he knew one Commissioner of Police named Tolani Alausa, the witness, said: “My lord, he was a very notorious police commissioner in Bayelsa State.” The witness insisted that INEC discharged its function creditably by conducting the election in compliance with provisions of the 1999 Constitution, as amended, and Electoral Act 2022, adding however that there was wilful resistance of the use of BVAS by the APC and its agents. He told the tribunal that in various Wards in Nembe LGA, no vote was recorded, indicating that election did not hold there. The witness said results of the election that were tendered by the petitioners, were manufactured by the APC. “In fact, looking at the results that were tendered, the writing looked similar, as if it was written by one person. And looking at it closely, it looks like that was the writing of my brother, Dr. Dennis Otiotio.” The statement of the witness irked Mr. Otiotio who not only testified before the tribunal earlier, but also the Chairman of the APC in Bayelsa State and a member of the party’s legal team. According to the witness, contrary to what the petitioners produced before the tribunal, pink copies of results of the election were not given to agents of political parties or security agencies. “Pink copies are only for INEC,” he insisted. He further told the court that voters register for areas where the APC produced election results from, were not ticked and no vote was recorded there. In his own defence, the deputy governor produced a former Permanent Secretary in the Ministry of Local Government and Chieftaincy Affairs in Bayelsa State, Mr. Gowon Toruyouyei as his witness. The witness said he retired in January and was subpoenaed to appear before this tribunal. While being cross examined, the witness confirmed that the deputy governor is a legal practitioner whose Call to Bar certificate was listed in INEC’s form. Asked if in all his interactions with the 3rd respondent, he could be described as an illiterate, the witness, said: “He could not have been an illiterate. He is very educated. “I will describe him as someone that has the requisite experience and qualification to be elected into any office in the country.” In its own defence, the PDP, brought a former Attorney General of Bayelsa State, Rt. Hon. Talford Ongolo, as its witness. He maintained that Sylva could not have been validly sponsored for the election by the APC, having already been elected as governor twice. “I worked as the DG of his campaign at one time, so all these facts are within my knowledge,” he added The witness said he was not physically present at Ogbia and Nembe LGAs on the election day, “but virtually, I was there.” Said he served as the State Collation Agent of the PDP during the election and also voted at his polling unit at Southern Ijaw. The witness identified his picture on the voters register. He told the tribunal that those whose names were not ticked on the register, did not vote on the election day. “It is

Bayelsa Guber: Panel declines to recluse from proceeding

The Bayelsa State Governorship Election Petition Tribunal, Monday, declined to recluse self from proceeding with the petition before it, challenging the election victory of Governor Duoye Diri. The All Progressive Congress (APC) and it’s Candidate, Timipriye Sylva had filed a motion seeking disqualification of members of the panel from the proceeding. The tribunal, led by Justice Adekunle Adeleye dismissed the motion after he took arguments from counsel to Sylva, Mr. Tunde Falola, Mr. Charles Edosanwan for INEC, Chief Chris Uche, SAN, for Governor Diri, Mr. Chukwuma Machukwu Ume, for the deputy Governor and Tayo Oyetibo for PDP. In a brief ruling, the panel held that a letter from the President of the Court of Appeal on March 5, mandated the tribunal to proceed with hearing of the petition, irrespective of any application by the parties. He, therefore, said the PCA’s letter has overtaken the request by the petitioners for the disbandment of the tribunal. Sylva’s lawyer, Falola, had argued that his clients filed the fresh application against the tribunal on the ground that the two petitioners are convinced beyond reasonable doubt that they cannot get justice from members of the panel. The two petitioners further stated that the tribunal had exhibited strange circumstances that made them to believe that they would be denied fair hearing. He, therefore, asked the tribunal to in the interest of justice, step aside from the petition and allow other members to be constituted by the PCA to determine their petition within the little time remaining for the expiration of hearing of the case. Meanwhile, all the Respondents, through their respective lawyers, opposed the request for the panel members to recuse themselves. They argued that the application was an attempt to prevent the respondents from presenting their defense against the petition. They stated that the motion by APC and Sylva was a calculated attempt to blackmail the tribunal members to do their bidding. The four respondents claimed that the petitioners closed their case, even when the time allocated to them had not expired, hence, there was no basis for the allegation of denial of fair hearing to them. Bedsides, the respondents also stated that APC and Sylva were part of the pre-hearing session and fully subscribed to the schedule of time as agreed upon by all the parties. The tribunal has fixed March 13 and 14 for INEC, being the 1st respondent, to open and close its defence.

Bayelsa Guber: Security Agents Aiding PDP, Sylva Alleges

The candidate of the All Progressives Congress (APC) in the November 11, 2023 governorship poll in Bayelsa State, Timipre Sylva, has accused the Peoples Democratic Party (PDP) and security agents of harassing his supporters. Sylva spoke on Saturday after he cast his vote at Ward 4, Unit 4 in the Brass Local Government Area of the South-South state.The APC candidate fingered security agents “especially the Army”, alleging that they are “playing on the side of the PDP”. Sylva said violence has been recorded in Yenagoa, the state capital, alleging that an APC member was shot.He wondered why large polling units where he is popular were being targeted.“There is a lot of violence from the PDP trying to molest our voters with security (agents),” Sylva said. In fact, in some cases, it is believed by our people that we are running election, not against PDP, but against security (agents) but we are containing it.” The APC candidate, however, commended the Independent National Electoral Commission (INEC), saying “There is a lot of improvement on the part of INEC but there is still room for improvement.” Sylva was first Bayelsa governor from May 2007 to April 2008 and later between May 2008 and January 2012. He was also the Minister of State for Petroleum Resources from 2019 to 2023. In Saturday’s poll, Sylva is challenging Bayelsa State Governor and PDP candidate, Duoye Diri, who is seeking re-election. The election has been described by many analysts as a two-horse race.Meanwhile, Diri accused Sylva of being behind electoral violence recorded in the Nembe-Bassambiri area of the state on Saturday.

Bayelsa Guber: Off Season Elections Must Stop In Nigeria -Jonathan

Former Nigerian President Goodluck Jonathan has voiced concerns over off-season elections, urging the National Assembly to take action and harmonise the calendar for polls in the country.  Speaking after casting his voter in the ongoing off-season elections in Bayelsa, Jonathan emphasized that such elections do not align with global best practices. “I’m worried about this issue of off-season elections because it does not conform with global best practices,” Jonathan stated. Meanwhile Governor Douye Diri, the Peoples Democratic Party (PDP) candidate in Bayelsa State, has accused his major opponent, former governor Timipre Sylva, of being troublesome and blamed him for the reported threats to PDP members in Nembe.  He made the allegation shortly after casting his vote at Ward 6 Unit 4 Kalaowei Owei Sampou town in Kolokuma-Opokuma LGA of Bayelsa State around 8.40 am. Diri said PDP members were being chased out of the area notorious for electoral violence. The 64-year-old governor called on security agencies to intervene in Nembe and ensure a peaceful electoral process.

Bayelsa Guber: Appeal Court Upholds Sylva’s APC Candidature

The Abuja Division of the Court of Appeal, Tuesday, cleared the immediate pass Minister of Petroleum, Timipre Sylva, for the November 11, governorship election in Bayelsa State, under the umbrella of All Progressives Congress (APC). The Appellate Court awarded the sum of N1million in favour of the appallate. The three-member panel, in a unanimous judgement held that the federal high court which nullified Sylva’s candidature lacked jurisdiction to entertain the suit filed by an APC member, Demesuoyefa Kolomo. The court held that Kolomo was not an aspirant in the primary election that produced the ex-minister of petroleum. Kolomo, who described himself as a registered voter, had, in the suit marked: FHC/ABJ/CS/821/2023 filed on June 3, prayed the court to delete Sylva’s name from the list of candidates vying for the election, having taken an oath of office twice as governor of the state. Justice Donatus Okorowo, of the federal high court, Abuja, had on October, 9, disqualified Sylva as candidate in the November 11 governorship election.

Bayelsa Guber: Suit Seeking Timipire Sylva’s Disqualification Dismissed 

The Federal High Court, Abuja on Tuesday, dismissed a suit seeking to disqualify former Petroleum Resources Minister, Timipire Sylva from contesting in the November 11 governorship election in Bayelsa State. Justice Inyang Ekwo, while dismissing the suit instituted against the All Progressive Congress (APC), Independent National Electoral Commission (INEC) and Sylvia, held that it was lacking in merit and wants of enough meat to warrant disqualification. According to the judgement, the plaintiff, Hon Isikima Ogbomade Johnson failed to establish the allegation that the APC did not conduct a lawful primary election that produced Sylva. The court insisted that the INEC’s report was clear beyond any doubt that a valid primary election was conducted by APC and monitored by the electoral umpire as required by law. On the police reports tendered by the plaintiff which claimed that no primary election was conducted by APC, Justices Ekwo said that the purported police reports were worthless and products of illegality because police were not mandated by any provisions of law to do what they did in favour of the plaintiff. The Judge, among others, faulted the police reports for not being on police letter head papers to give it semblance of originality while he also said that the duty of police at primary elections is to give protection and safety to election materials and voters. Besides, Justice Ekwo held that most of the documents brought by the plaintiff were done through the back doors in disregard to the well known established procedures. Also, the court rejected the suit because it was not instituted within 14  days the subject matter occurred, hence, it became academic matter adding that since court is not an academic institution, it would not dabble into such a matter. “In all, I find the case of the plaintiff to be weak having not been established by preponderance of evidence as required by law. “In the same vein, the case of the plaintiff, having been demolished by overwhelming exhibits tendered by APC and Timipire Sylva, has no legs to stand upon in the face of law. “I make an order, dismissing this case and it is hereby dismissed for lacking in merit,” the Judge held. The plaintiff had by an originating summons dragged APC, INEC and Sylvia before the Court praying for an order to disqualify Sylva from being allowed to participate in the coming November governorship election in Bayelsa State. He predicated his grouse against Sylvia on two grounds that Sylva had been elected into governorship office twice, took oath of office and oath of allegiance twice while he also claimed that the April 14 primary election that produced Sylva was illegal and unlawful having been allegedly done in contravention with APC’s guidelines.