The Court of Appeal sitting in Abuja, on Thursday, upheld the re-election of Governor Douye Diri of Bayelsa State.
In a unanimous decision by a three-man panel of Justices, the appellate court, dismissed an appeal that was brought before it by the All Progressives Congress, APC, and its candidate, Chief Timipre Sylva.
The court held that it found no reason to set aside the earlier judgment of the tribunal which refused to nullify the outcome of the governorship poll held in the state on November 11, 2023.
The court dismissed Sylvia’s appeal for being incompetent and lacking in merit.
The appellate court also awarded N500,000 each as a cost in favour of the respondents.
Osun Defender recalls that the Justice Adekunle Adeleye-led three-member tribunal had on May 27, dismissed as lacking in merit, the petition that was filed against governor Diri’s re-election by the APC and its candidate.
The tribunal held that the petitioners failed to adduce any credible evidence to substantiate any of the allegations they raised against the outcome of the governorship poll.
It struck out as incompetent, all the additional proof of evidence as well as statements on oath of some of the witnesses that testified for the petitioners.
According to the tribunal, the law expressly provided that an election petition must be filed not later than 21 days after the result of an election was declared.
It held that such petition must at the time it was filed, be accompanied with written statements of all the intended witnesses.
The tribunal held that the decision of Sylva and his party to file their additional proof of evidence and statement on oath of witnesses, long after they had filed the petition, was “tantamount to a surreptitious attempt to amend the case of the petitioners.”
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