Appeal Court Upholds Diri’s Re-election as Bayelsa Governor

By Iyojo Ameh

The Abuja Division of the Court of Appeal on Thursday affirmed the re-election of Governor Douye Diri of Bayelsa State. The judgement dismissed the appeal filed by the All Progressives Congress (APC) and its candidate, Chief Timipre Sylva, labeling it as incompetent and an abuse of the court process.

In a unanimous decision by a three-man panel of Justices led by Justice James Abunduga, the appellate court found no grounds to overturn the previous judgement of the Bayelsa State Governorship Election Petition Tribunal.

On May 27, the Bayelsa Governorship Election Petition Tribunal, chaired by Justice Adekunle Adeleye, dismissed the APC and Sylva’s petition as lacking in merit.

The tribunal concluded that the petitioners had failed to provide credible evidence to support their allegations against the election outcome.

The tribunal also struck out as incompetent all additional evidence and witness statements submitted by the petitioners. It emphasized that election petitions must be filed no later than 21 days after the election results are declared and must include written statements from all intended witnesses at the time of filing.

The tribunal criticized Sylva and the APC for submitting additional evidence and witness statements well after the initial petition filing, calling it a “surreptitious attempt to amend the case of the petitioners.”

Additionally, the tribunal pointed out the contradictory nature of Sylva and APC’s prayers, noting they sought to be declared valid winners of the election while also seeking to have the same election declared invalid. The tribunal underscored that the petitioners did not present any electoral materials to substantiate claims of irregularities during the election.

Ultimately, the tribunal held that the petitioners failed to meet the burden of proof required by law, as they could not demonstrate, polling unit by polling unit, the specific non-compliances they alleged or how these purportedly affected the election’s outcome.