Bayelsa State Governorship Election Petition Tribunal on Friday reserved ruling on three separate motions seeking to dismiss the election petition filed by All Progressives Congress,APC, and it’s governorship candidate Sylva Timipre against Governor Douye Diri election of November 11, 2023.
The chairman of the tribunal Justice Justice A.A. Adeleye reserved the ruling on the motions filed by the 4th respondents the Independent National Electoral Commission, INEC, through it’s counsel Tayo Oyetibo, SAN, the third respondent the Deputy governor Senator Lawrence Oborawhariewo through his counsel Chukwuma-Machukwu Ume SAN, and the 1st respondent Governor Douye Diri through his counsel Goddy Uche SAN, after lawyers adopted and argued their motions.
Justice Justice Adeleye said the ruling on the motions and applications filed in respect of Bayelsa State governorship election will be delivered along with the judgement same day.
Arguing the application file by INEC , it’s counsel Tayo Oyetibo SAN, prayed the tribunal to strike out certain paragraphs of APC response to 4th respondent reply. He said the paragraphs in question were repeated facts already in the petition which the petitioner had filed outside the 21 days allowed by law.
The respondent also complained that some paragraphs raised issues that were pre- election matter which the tribunal lacks jurisdiction to adjudicate upon.
He further urged the tribunal to strike out paragraphs of the petition that introduced new facts.
But petitioner counsel, Onyechi Ipeazu SAN, urged the tribunal to dismiss the application. He prayed the tribunal to examine the paragraphs and it will find that new issues were not raised .He added that if it is found that new issues were introduced he would concede to the respondent request.
Chukwuma- Machukwu Ume SAN, the counsel to the third respondent, Senator
Oborawhariewo in his motion prayed the tribunal to dismiss the petition for running fowl of paragraphs 18(1) of the second schedule to the constitution.
He also prayed the tribunal to strike out some paragraphs contained the petition that were criminal in nature. He said that issues of forgery raised in the petition about the 3rd respondent have been dealt with up to Supreme Court, therefore the issue is not part of election case before the tribunal. He urged the tribunal to strike out the paragraphs from the petition.
In his reply Ipeazu SAN said the process complained off were not simultaneously filed.
Governor Diri through his counsel Goddy Uche SAN also prayed the tribunal to strike out the petition for want of jurisdiction, for being incompetent and non- disclosure of cause of action.
Meanwhile, further hearing of All Progressive Congress APC petition has been adjourned to February 13.