The Bayelsa State Governorship Election Petition Tribunal, located in Abuja, has scheduled April 22 for the final presentations regarding the state governorship election petition.
The tribunal has also instructed the involved parties to submit and exchange their documents before the adjourned date.
As reported by The PUNCH, after the final arguments are made in a case, the next step is the delivery of a decision on the matter.
The All Progressives Congress and its candidate, Chief Timipre Sylva, went to the tribunal to contest the result of the November 2023 governorship election, which led to Douye Diri being declared the winner.
The tribunal, headed by Justice Adekunle Adeleye, has scheduled the matter for the presentation of arguments, following the completion of the defense by Diri, his deputy, Lawrence Ewhrudjakpo, and the Peoples Democratic Party.
Diri’s witness, the Secretary of the PDP in Bayelsa, Gesiye Isowo, presented the official result of the election and the final declaration of the result, which were included in INEC’s forms EC8D and EC8E, among other items.
During cross-examination by the petitioners' lawyer, Sylvester Elema( SAN), the witness informed the tribunal that he registered and voted at Unit 9, Ward 10 in Kolokuma/Okpokuma Local Government Area.
He mentioned, “There was a restriction of movement on the day of the election. I didn't go to Nembe, Ogbia, and Southern Ijaw due to the restriction, but I had representatives at all the polling stations. I was in constant contact with my representatives in all the LGAs.
When asked if the National and State Assembly elections took place in the state in February and March 2023, the witness clarified that he was only in court regarding the governorship election.
“I am not INEC. If you ask about my party’s primary, then I should know,” he stated.
The petitioners argued that the voter registers presented as evidence and marked as Exhibits R1- R19 by the tribunal were only used for the National Assembly election and not the governorship election.
However, the witness insisted in his testimony that the registers were indeed used for the governorship election.
The petitioners opposed the admission of the register, stating that it was not provided to them in advance as directed by the tribunal.
On their part, the respondents requested the tribunal to ignore the objection and accept the exhibit as it was pertinent to the case.
The witness also informed the tribunal that some of the voter registers were not marked because elections did not take place in those areas.
The witness maintained that INEC executed its responsibility diligently by conducting the election in accordance with the provisions of the 1999 Constitution, as amended, and the Electoral Act 2022. However, he added that there was deliberate opposition to the use of BVAS by the APC and its representatives.
He informed the tribunal that in various wards in Nembe LGA, no votes were recorded, suggesting that the election did not take place there.
The witness pointed out that contrary to what the petitioners presented before the tribunal, pink copies of results were not given to the political parties' representatives or security agencies.
“Only the pink copies are for INEC,” he insisted.
He also said in court that voters registered for areas where the APC won, were not marked and no vote was recorded there.
The deputy governor, Ewhrudjakpo, called a former Permanent Secretary in the Ministry of Local Government and Chieftaincy Affairs in the state, Gowon Toruyouyei as his witness.
When questioned, the witness confirmed that the deputy governor is a legal practitioner and his Call to Bar certificate was listed in INEC’s form.
When asked if the witness could consider the third respondent as an illiterate, he said, “He couldn’t have been an illiterate. He is very educated.
“I would say he has the necessary experience and qualifications to be elected into any office in the country.”
In its defense, the PDP brought a former Attorney General of Bayelsa State, Talford Ongolo, as its witness.
He argued that Sylva could not have been validly sponsored for the election by the APC, having already been elected as governor twice.
“I served as the DG of his campaign at one point, so all these facts are within my knowledge,” he added
The witness said he wasn't present at Ogbia and Nembe LGAs on the election day, “but essentially, I was there.”
He told the tribunal that those whose names were not marked on the register did not vote on the election day.
“Once you vote, your name is marked as a standard procedure,” the witness added.
Despite objection by the petitioners, a certified copy of the voter’s register containing the name of the witness was admitted in evidence by the tribunal.
