Bayelsa Guber: APC, INEC tender conflicting documents

The All Progressive Congress (APC) and Independent National Electoral Commission (INEC) Wednesday, tendered conflicting election results on the November 11 governorship election before the State Governorship Tribunal, sitting in Abuja. A former Minister of Petroleum, Timiprye Silva, and his party, APC, had dragged INEC, elected governor, Senator Diri Duoye, his Deputy , Lawrence and the People Democratic Party (PDP) before the tribunal. When the matter was called up, the electoral body tendered its own certified true copies of its results, while the APC polling units agents tendered various results in respect of the places the party was represented. The conflicting results, which were objected by the parties, were, however, admitted as exhibits by the Chairman of the tribunal, Justice Adekunele Adeleye, for the tribunal’s consideration during the hearing of the petition. Specifically, the petitioners are asking the tribunal to hold that election took place in three different local governments where INEC claimed that election was not conducted due to alleged diversion of electoral materials. They were also allegations of bypass of the BVAS machines . The affected local governments are Southern Ijaw, Ogbia, and Nembe Local Government Area LGAs. Led in evidence by the counsel of the petitioners, Tunde Falola, the APC’s witness, who was a poling agent, Odungele Moses, maintained that the election took place in PU unit 15 ward 4 and tendered a result which he claimed was issued to him by the election presiding officer on the election day. However, during cross-examination by counsel to the governor, Chris Uche SAN, the witness admitted that although 16 political parties participated in the election, only APC, which he represented as an agent, signed the result he tendered. He, however, did not give reasons why others did not sign. Another witness, Mallory Afin, who also testified for the petitioners, tendered APC results, which had the same serial number and number of accredited voters 169 with INEC but had different results recorded for the political parties. During cross examination by counsel to Governor Diri, it was discovered that the results tendered by APC in ward 002 were prepared and signed by the same presiding officer for ward 015. The witnesses were also cross examined by Charles Edosonwon SAN, who stood for INEC, Chukwuma Machukwu-Umeh SAN, who stood for the Deputy Governor and Tayo Oyetibo SAN who represented PDP. The witnesses, though, denied the allegations of parading fake election results but admitted that only INEC has statutory powers to conduct elections and to possess superior documents. Hearing continues Thursday,15th February.

Court Disqualifies Timipre Sylva From Contesting Bayelsa Guber Poll

A Federal High Court, Abuja has disqualified the governorship candidate of the All Progressives Congress (APC), Chief Timipre Sylva, from contesting the November 11 election in Bayelsa. Justice Donatus Okorowo, in a judgment delivered Monday night, held that Sylva, having been sworn in twice and ruled for five years as governor of the state, would breach the 1999 Constitution (as amended) if allowed to contest again. Justice Okorowo, who agreed with the plaintiff’s argument, further held that if Sylva was allowed to contest and won the poll, he would have spent more than eight years in office as governor of the state in contravention with the constitution. While citing the case of Marwa vs Nyako at the Supreme Court, Okorowo maintained that the drafters of the country’s constitution stated that nobody should be voted for as governor for more than two times. According to the judge, the Supreme Court has also ruled in the case of Marwa vs Nyako that nobody can expand the constitution or its scope. He held that if Sylva was allowed to contest the next election, it meant a person could contest as many times as he wanted. Chief Deme Kolomo, a member of the APC, had prayed the court to order the Independent National Electoral Commission (INEC) to delete Sylva’s name from list of candidates contesting the Nov. 11 governorship poll. In the originating summons marked: FHC/ABJ/CS/821/2023 dated and filed June 13, Kolomo had sued Sylva, the immediate-past Minister of State for Petroleum; APC and INEC as 1st to 3rd defendants respectively. Kolomo had asked the court to determine whether Sylva is qualified to contest in the election, having occupied the office of governor of Bayelsa May 29, 2007 to April 15, 2008 and May 27, 2008 to Jan. 27, 2012. In the affidavit attached, Kolomo deposed that besides being an APC member, he was also a registered voter in the state. He said INEC recently published the names of governorship candidates for the state, including Sylva’s name. The plaintiff said he was motivated by the need to vindicate Sections 180 (2)(a) and 182(1)b) of the1999 Constitution, the rule of law and to know the applicability of same as it relates to Sylva based on the above facts. Kolomo also averred that the question raised by the instant suit was a constitutional one and of grave importance to him as a voter and other voters in the sate so that they would not vote for someone who was not qualified to contest in the poll and had their votes wasted at the end of the day. But Sylva, who was the immediate-past Minister of Petroleum, in a counter affidavit, asked the court to dismiss the suit for lacking in merit. The ex-minister, through his lawyer, Babayemi Olaniyan, said that he was never elected as the state’s governor on two occasions. He argued that the Appeal Court in its judgement held that the election that brought Sylva as Bayelsa governor in 2007 was null and void, while directing INEC to conduct a fresh election within 90 days. The lawyer though admitted he was a former governor of Bayelsa, he stressed that he had only been elected once as the state’s governor. He asked the court to dismiss the suit. Corroborating Olaniyan’s argument, Dr Dennis Otiotio, who appeared for APC, urged the court to dismiss the suit with substantial cost. In the preliminary objection argued, Otiotio said that Kolomo lacked locus standi to institute the suit as he was never an aspirant in the primary election that produce Sylva. While arguing his case, Prof. Abiodun Amuda-Kannike, who appeared for Kolomo, said contrary to the argument of the counsel, his client had locus, in accordance with the law, to file the suit whether as a pre-election matter or not. He argued that all the sections and cases cited by the defence were unrelated with the instant suit. He said contrary to their argument, the suit was not statute barred, as the final day which the list of candidates was published was also part of their case. The senior lawyer prayed the court to uphold their argument and dismiss the preliminary objection of the defence. Justice Inyang Ekwo had, on September 26 in another suit marked: FHC/ABJ/CS/575/2023 and filed by an APC aspirant, Mrs Ogbomade Johnson, against Sylva, dismissed the case for failure to prove the case with evidence as required by law.