The Bayelsa State Governorship Election Petition Tribunal on Monday dismissed a fresh motion filed by the All Progressives Congress, APC, and its governorship candidate Timipre Sylva, that seek the disqualification of its members from proceeding with the hearing of petition challenging the conduct of November 11, 2023.
APC and Sylva are challenging the election victory of Governor Douye Diri who was declared winner of the election by the Independent National Electoral Commission,INEC.the first respondent in the petition.
Chairman of the tribunal, Justice Adekunle Adekeye dismissed the motion after he took arguments from counsel to Sylva, Tunde Falola, Charles Edosanwan for INEC, Chris Uche, SAN, for Governor Diri, Chukwuma-Machukwu Ume, for the Deputy Governor and Tayo Oyetibo for Peoples Democratic Party, PDP.
Justice Adekeye, in a brief ruling, 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 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.