Appeal court affirms Douye Diri as Bayelsa governor

The court of appeal in Abuja has affirmed the election of Douye Diri as governor of Bayelsa state.

A three-member panel of the appellate court dismissed the appeal filed by the All Progressives Congress (APC) and its candidate Timipre Sylva, for lacking in merit.

The court of appeal held that the lower tribunal was right to have ruled that the petitioners failed to prove their case.

BACKGROUND

On November 13, 2023, Diri, candidate of the Peoples Democratic Party (PDP), was declared winner of the off-cycle election held in Bayelsa after he scored 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 any of the allegations they 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 Independent National Electoral Commission (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.