Supreme court affirms Diri as Bayelsa governor

The supreme court has affirmed the election of Douye Diri, candidate of the Peoples Democratic Party (PDP), as governor of Bayelsa state.

The five-member panel of the apex court dismissed the appeal filed by Timipre Sylva, candidate of the All Progressives Congress (APC), for lacking in merit.

While upholding the judgment of the lower court, Mohammed Garba, who read the lead judgment, held that Sylva was wrong to have filed multiple notices of appeal against a single judgment delivered by the election petition tribunal.

The panel also dismissed the appeal filed by the National Rescue Movement (NRM) and its candidate Micah Akeems.

The NRM and Akeems had claimed that Lawrence Ewhrudjakpo, Bayelsa deputy governor, submitted a forged National Youth Service Corps (NYSC) certificate to the Independent National Electoral Commission (INEC) in his form 001 and EC9.

However, the apex court held that the appeal lacked merit because the case was based on a pre-election issue.

BACKGROUND

On November 13, 2023, Diri was declared winner of the off-cycle election held in Bayelsa after he polled 175,196 votes to defeat Sylva and other candidates.

Sylva, a former minister of state for petroleum resources, polled 110,108 votes.

Not satisfied with the outcome of the election, Sylva and his party filed a petition before the tribunal, alleging that INEC wrongly excluded results from three LGAs — Southern Ijaw, Ogbia and Nembe.

He described the three LGAs as his “strongholds”, arguing that results from the areas would have handed him victory if they were added.

TRIBUNAL

In its decision on May 27, the tribunal held that the petitioners failed to adduce credible evidence to substantiate the allegations raised against the outcome of the Bayelsa poll.

The tribunal struck out all the additional evidence as well as statements on oath of some of the petitioners’ witnesses for being incompetent.

The tribunal held that the petitioners failed to file their additional proof of evidence within the 21 days allowed by law.

The tribunal dismissed the allegation that Lawrence Ewhrudjakpo, Bayelsa deputy governor, tendered a forged university degree and NYSC exemption certificates to the INEC.

It held that the allegation was a pre-election matter that ought to be litigated before the federal high court.

The tribunal also noted that the issue of Ewhrudjakpo’s educational qualification has been determined by a court of competent jurisdiction.