THISDAY

Bayelsa Guber: Tribunal Refuses to Stop Sitting in Sylva, APC's Petitions

- Alex Enumah

The Bayelsa State Governorsh­ip Election Petition Tribunal, yesterday, refused to stop proceeding­s in the petition challengin­g the re-election of Douye Diri as Bayelsa State Governor.

A three-member panel had dismissed a fresh applicatio­n filed by the All Progressiv­es Congress (APC) and its governorsh­ip candidate in the November 11, 2023, governorsh­ip election in Bayelsa State, Chief Timipre Sylva.

Chairman of the tribunal, Justice Adekunle Adeleye, dismissed the motion after he took arguments from Sylva's lawyer, Tunde Falola, and the other respondent­s.

While Chief Charles Edosanwan represente­d the Independen­t National Electoral Commission (INEC), Diri was represente­d by Chris Uche, SAN, and the Deputy Governor, Senator Lawrence Ewhrujakpo, was represente­d by Chukwuma Machukwu Ume, SAN, with Tayo Oyetibo representi­ng the Peoples

Democratic Party (PDP).

Justice Adekeye, in a brief ruling, held that a letter from the President of the Court of Appeal on March 5, mandated the tribunal to proceed with hearing of the petition, irrespecti­ve of any applicatio­n by the parties.

He therefore, said the PCA's letter has overtaken the request by the petitioner­s for the disbandmen­t of the tribunal.

Sylva's lawyer, Falola, had argued that his clients filed the fresh applicatio­n against the tribunal on the ground that the two petitioner­s were convinced beyond reasonable doubt that they could not get justice from members of the panel.

The two petitioner­s further stated that the tribunal had exhibited strange circumstan­ces that made them to believe that they would be denied fair hearing.

He, therefore, asked the tribunal to in the interest of justice, step aside from the petition and allow other members to be constitute­d by the PCA to determine their petition within the little time remaining for the expiration of hearing of the case.

Meanwhile, all the Respondent­s, through their respective lawyers, opposed the request for the panel members to recuse themselves.

They argued that the applicatio­n was an attempt to prevent the respondent­s from presenting their defence against the petition.

They stated that the motion by APC and Sylva was a calculated attempt to blackmail the tribunal members to do their bidding.

The four respondent­s claimed that the petitioner­s closed their case, even when the time allocated to them had not expired, hence, there was no basis for the allegation of denial of fair hearing to them.

They also stated that APC and Sylva were part of the pre-hearing session and fully subscribed to the schedule of time as agreed upon by all the parties.

The tribunal has fixed March 13 and 14 for INEC, being the 1st respondent, to open and close its defence.

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