… Dismisses Sylva , APC appeal for lacking in merit
The Governor of Bayelsa State Douye Diri has said he would no longer appeal to opposition in the state to join his administration as they All Progressive Congress,APC, and candidate have opted to challenge his victory in the Supreme Court.
According to him, People Democratic Party, PDP, and the state administration are well equipped to defeat the opponents at the apex court, he said yesterday in reaction to judgement.
The Court of Appeal, Abuja Division, on Thursday upheld his election and that of his Deputy Gov Senator Lawrence Oborwahariewo as duly elected Governor and Deputy Governor of Bayelsa state respectively.
Appellate court in a unanimous judgement of three member panel led by Justice J.G. Abundaga held that, the Bayelsa State Governorship Election Petition Tribunal was right in dismissing All Progressives Congress (APC) and its governorship candidate, Timipre Sylva election petition for same lack of merit.
The decision of the Tribunal prompted Sylva and his party to approach the Court of Appeal with an appeal seeking to set aside the judgement of the Tribunal and to declare him winner of the governorship election based on his claim that results of 184 polling units were not recorded.
Delivering the lead judgement Justice Abundaga affirmed the decision of the tribunal and awarded a cost of N500,000 in favour of each respondents to the appeal to be paid by appellants.
Justice Abundaga said it was clear from evidence adduced before the tribunal that the petitioners were unable to substantiate they claims that elections were held in 184 polling units.
There was no record or exhibit in form of voters accreditation, Bimodal Voters Registration or INEC result sheets in respect of the 184 polling units in contention to show that election took place as claimed by the petitioners.
Justice Abundaga also held that the evidence of PW 14, PW15 and PW 16 including those of former Commissioner of Police upon which the petitioners relied on were of no value in the matter because the witnesses didn’t witness the election at the polling units in contention.
Earlier, during ruling on the objection raised by the Deputy Governor Lawrence Oborwahariewo, Justice Abundaga had dismissed the appellants appeal in its entirety for being a gross abuse of court processes
Justice Abundaga said that court of appeal went ahead and considered the main appeal after upholding the objection because it isn’t the final court in the land.
The Court of Appeal upheld the submission of Chukwuma -Machukwu Ume, SAN,the counsel to the Deputy Governor that the appellants substantive appeals filed on June 4 and 6, 2024 was an abuse of the processes of court.
Recall that the Tribunal, had in its judgment delivered May 17, 2024, in Abuja, upheld the election of Governor Diri and his deputy.