The All Progressives Congress, APC, and its governorship candidate within the November final 12 months gubernatorial election in Bayelsa State, Timipre Sylva on Monday in Abuja, handed a vote of no confidence on the Bayelsa State Governorship Election Petition Tribunal.
They accused the Tribunal headed by Justice Adekunle Adeleye of undue bias in opposition to them within the conduct of proceedings, findings and choices and demanded its outright disbandment and reconstitution.
In a strongly worded petition to the President of the Court docket of Attraction, APC and Sylva accused the Tribunal of denying them their Constitutional proper to a good listening to as required by legislation.
Amongst others, APC and its governorship candidate claimed that that they had lined up 234 witnesses to determine their petition in opposition to the declaration of Senator Douye Diri as a winner of the ballot
Within the petition dated March 4, 2024, they alleged that the Tribunal turned the desk in opposition to them with an order that the 234 witnesses should be referred to as inside 7 days solely.
The petition signed by a Senior Advocate of Nigeria SAN, Sylvester Emenike Elema mentioned the APC and Sylva agreed to name 25 witnesses day by day and lamented that the Tribunal allowed them to name solely 8 witnesses per day.
Within the face of the unattainable duties allegedly imposed on them, APC and Sylva complained that that they had no choice however to hurriedly shut their instances on February 27 after calling solely 49 out of their 234 witnesses.
The senior lawyer submitted that the motion of the Tribunal was a transparent breach of the rights of the petitioners to a good listening to by stopping them from calling all their witnesses when the Tribunal nonetheless had three months to take a seat.
Moreover, APC and Sylva alleged that within the data of proceedings they obtained, the Tribunal made a number of feedback and observations in writing which pointed to the info that the Tribunal had made up its thoughts to go the way in which of the respondents.
They claimed that the Tribunal distorted the oral testimony of their witnesses within the file of proceedings and had additionally made findings and choices in respect of the authenticity and weight of polling unit election outcomes they tendered.
The Tribunal was accused of coming to the unsuitable conclusions in its findings that “the sample of writing witness statements on oath employed by the petitioners was the identical and accomplished by the identical particular person”.
APC and Sylva additionally accused the Tribunal of being grossly unfair to them in its written feedback that “comparisons accomplished on two displays confirmed the identical lettering”.
They due to this fact demanded instant dissolution of the Tribunal and reconstitution of a brand new one that may conduct unbiased proceedings within the remaining three-month life span of the petition.
In a separate letter they dropped at the Tribunal by their counsel Mr R. O. Balogun, APC and Sylva demanded that the Tribunal adjourn proceedings within the matter indefinitely pending the time the Court docket of Attraction President will come out with a call on the petition.
When the listening to was to renew on Monday, the Tribunal Chairman, Justice Adekunle Adeleye knowledgeable legal professionals to numerous events of a petition questioning the member’s neutrality and integrity and in search of indefinite adjournment within the listening to of the case.
Justice Adeleye mentioned he didn’t know the place the Tribunal members went unsuitable as alleged by the APC and Sylva and referred to as for reactions.
Counsel to the Impartial Nationwide Electoral Fee, INEC, Charles Edosomwan, SAN, mentioned each APC and Sylva weren’t truthful to the Tribunal of their allegations of bias and distortion of info.
In the identical vein, related views have been expressed by Chris Uche SAN who stood for Governor Douye Diri, Chukwuma Machukwu Ume SAN counsel to Deputy Governor Lawrence Ewhrujakpo and Tayo Oyetibo SAN who represented the Peoples Democratic Get together, PDP.
After temporary reactions, they agreed that the adjournment be granted as requested by the APC and Sylva.
In a brief ruling, Justice Adekunle Adeleye adjourned the matter sine-die, indefinitely, to await the choice of the Court docket of Attraction President on the allegations of bias and denial of truthful listening to as raised by the 2 petitioners.
The respondents within the APC and Sylva’s Petition marked EPT/BY/Gov/04/2023 are INEC, Governor Douye Diri, Deputy Governor Lawrence Ewhrujakpo and the Individuals’s Democratic Get together PDP.
