The Court of Appeal in Abuja on Thursday, dismissed an appeal filed by the All Progressives Congress (APC) and its candidate in the November 11, 2023 governorship election, Chief Timipre Sylva.
The appellate court held that the appeal by Syla and the APC was incompetent and constituted an abuse of court process.
It therefore affirmed the re-election of Diri as the validly elected governor of the state.
In the unanimous decision, the three-man panel of Justices led by Justice Adekunle Adeleye, held that the appeal was without merit and upheld the earlier judgement of the Bayelsa State Governorship Election Petition Tribunal, which declined to nullify the outcome of the gubernatorial poll.
The judges held that the decision of Sylva and his party to file their additional proof of evidence and statement on oath of witnesses, long after they had filed the petition, was “tantamount to a surreptitious attempt to amend the case of the petitioners.”
They also held that the issue of Diri's deputy, Senator Lawrence Ewhrudjakpo’s educational qualification was previously determined by a court of competent jurisdiction.
The judges stated that the tribunal took judicial notice of the fact that Ewhrudjakpo, is a legal practitioner, and was satisfied that he was eminently qualified to contest the election.
They further held that the petitioners were unable to discharge the burden of proof that was placed on them by the law, and also failed to show, polling units by polling units, the particulars of the non-compliance they alleged and how it substantially affected the outcome of the election.
Recall that the tribunal had held that the petitioners failed to adduce any credible evidence to substantiate any of the allegations they raised against the outcome of the governorship poll and struck it out as incompetent.
