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The Courtroom of Attraction sitting in Abuja has dismissed the case filed by a former minister, state for Petroleum Assets, Timipre Sylva, towards Douye Diri’s election as governor of Bayelsa State.
The judgement was delivered on Thursday by a three-man panel of the enchantment courtroom, led by Justice James Abundaga in an enchantment entered by Timipre Sylva and the All Progressives Congress (APC).
The enchantment commenced as a petition on the tribunal after the Impartial Nationwide Electoral Fee’s (INEC) declaration of the candidate of the Individuals Democratic Occasion (PDP), Duoye Diri, because the winner of the Bayelsa governorship election.
Appellant’s case
Nairametrics beforehand reported that Diri, who can be the incumbent governor of the state, was stated to have polled a complete vote of 175,196, clinching the governorship place towards the All Progressives Congress (APC) candidate, Timipre Sylva.
Diri polled a complete of 175,196 votes whereas Sylva trailed behind with 110,108 votes, making the margin a complete of 65,088.
However Sylva approached the tribunal citing points bordering on electoral malpractice and non-compliance to the electoral act.
However a three-man penal of the tribunal led by Adekunle Adeleye dismissed his petition for being contradictory, incompetent and missing in advantage.
The tribunal additionally held that the petitioner did not file the assertion on oath of its witnesses alongside his petition, consistent with related legal guidelines.
Events then approached the enchantment courtroom for redress.
On the enchantment courtroom, Diri’s authorized staff urged the panel to carry that the tribunal was proper to have dismissed the petitioner’s petition for fielding incompetent witnesses.
They contended that the appellants failed to indicate proof of electoral malpractice at 184 polling items in Nembe, Ogbia and Southern Ijaw Native Authorities Areas.
However the appellant’s authorized staff urged the enchantment courtroom to depend on the testimonies of the APC candidate’s credible proof and put aside the judgement of the tribunal.
The appellant held that elections had been held within the disputed polling unit however the respondents stated no election was held.
What the Attraction Courtroom stated
The enchantment courtroom held that the tribunal was not in error when it struck a number of paragraphs of the petitioner’s reply towards the governor’s election.
Abundaga stated the tribunal was proper to strike out the appellants’ witnesses’ assertion on oath.
The choose stated it’s an abuse of the courtroom course of for a celebration to file a number of processes towards the identical judgment.
The choose added that it has not been proven that the Bimodal Voter Accreditation System (BVAS) machine was tendered by the appellant earlier than the tribunal, as proof to show electoral malpractice.
“The proof of the appellant’s witnesses are rumour and can’t be relied upon by any cheap tribunal, ” the enchantment courtroom held saying “the enchantment lacks advantage is accordingly dismissed.”
The enchantment courtroom subsequently affirmed Diri’s election and awarded a value of N500,000 every towards APC and Sylva.
By this judgement, Diri’s election stands pending a last willpower by the Supreme Courtroom; that is, if the dissatisfied get together is fascinated about testing the enchantment courtroom resolution on the apex courtroom.
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