Court of Appeal upholds Bayelsa Governor's election
APC attributed the victory of the governor to manipulation of results announced by INEC.
Recommended articles
A former governor of the state, Timipre Sylva, had challenged the decision of the election tribunal that returned Dickson in the Jan.9 poll.
Delivering the judgement, Justice Olukayode Bada led other four justices to decide all the five issues raised in the appeal against Sylva.
“I have carefully studied the issues raised by the appellant and found them to be frivolous and lacking in substance.
ADVERTISEMENT
“The appellant had tried very hard to approbate and reprobate. This is not allowed in any of our statues.
“By his sheer participation in the Jan.9 rescheduled election for Southern Ijaw Local Government Area meant that he lost his right to raise any issue on the election of Dec.6, 2015 which was postponed,’’ he held.
Bada also said that The appellant was unable to prove the allegation of non-compliance to the Electoral Act, adding that he failed to discharge the burden of proof sufficiently.
The judge further said that the appellant was wrong to assert that the results from the aborted Southern Ijaw election was cancelled.
“Available evidence shows that no results were collated from the exercise as the poll was proven to have been marred by irregularities and mal-practices.
ADVERTISEMENT
“The appellant was also wrong when he said he was coasting to victory if all the 120,000 eligible voters in Southern Ijaw were allowed to vote.
“This for us, was a mere wish as the appellant could have been sure of attracting majority of those votes,’’ Bada said.
On whether the Resident Electoral Commissioner was right to have cancelled the election, Bada said the Electoral Act gave the Independent National Electoral Commission (INEC) the power to mandate any of its officers to do so.
“It is indisputable that the appellant and political party contested the rescheduled election on Jan.9. It was this participation that removed the rug from their feet. It had made them bare footed.
“In other words, since the appellant voluntarily participated in the rescheduled election, he cannot now turn around to condemn the exercise in law.
ADVERTISEMENT
“He cannot be allowed to blow cool and hot at the same time,’’ he said.
The judge also held that: “no matter the enormity of the allegation of non-compliance, the appellant is still very much required to prove it. He has substantially failed to do so’’.
Bada said the appellant also failed to convince the court that the first respondent (Dickson) did not score the majority of lawful votes.
“With the resolution of all these five issues against the appellant and made in favour of Dickson, the appeal is hereby dismissed and parties are to bare their costs,’’ he held.
NAN reports that the court,however, dismissed two cross appeals brought by PDP and the governor, describing them as counterproductive actions.
ADVERTISEMENT
NAN recalls that on July 26, the Election Tribunal in Bayelsa held that the supplementary election that took place on Jan. 9 was proper and valid.
The All Progressives Congress (APC) in Bayelsa had challenged the return of Dickson in the election, saying the entire process was untidy.
The party attributed the victory of the governor to manipulation of results announced by INEC.
The APC also questioned the cancellation of results in the Southern Ijaw Local Government Area viewed as their stronghold.
JOIN OUR PULSE COMMUNITY!
ADVERTISEMENT
Eyewitness? Submit your stories now via social or:
Email: eyewitness@pulse.ng
Recommended articles
Japa bid halted as Navy arrests 75 Nigerians hiding on container ships in Lagos
Comparing comprehensive vs third-party auto insurance in Nigeria
Kaduna Speaker to El-Rufai's son: Your threat won't stop us from probing your father
Makinde demolishes building where Yoruba Nation agitators operate from
APC chieftain, Lukman faults NWC for backing Ganduje over suspension
EFCC gets permission to drag ex-governor Yahaya Bello to court tomorrow
Court stops EFCC from arresting Yahaya Bello hours after agents surrounded his house
Tinubu hails Dangote's diesel price cut, expects economic boost
'Is this relevant?' - Nigerians react as Gov Adeleke signs bill for new Osun State logo
Pulse Sports
Lionel Messi's son breaks the internet after scoring five goals for Inter Miami
Naija Stars Abroad: Onyedika, Boniface, and Osimhen shine across Europe
Victor Osimhen and Tobi Amusan make list of Forbes’ 30 under 30 Class of 2024
ADVERTISEMENT
![Nigerians in diaspora are urged to be patriotic toward the nation [Jenny M.C.]](data:image/svg+xml;charset=utf8,%3Csvg%20xmlns%3D'http%3A%2F%2Fwww.w3.org%2F2000%2Fsvg'%20width%3D'300'%20height%3D'172'%20data-ring-placeholder%3D'1'%3E%3C%2Fsvg%3E "Nigerians in diaspora are urged to be patriotic toward the nation [Jenny M.C.]")