Politics
Alleged Bias: APC, Sylva Seek Bayelsa Gov’ship Tribunal Disbandment
The All Progressives Congress (APC) and Timipre Sylva, its governorship candidate in the November 11, 2023, Bayelsa poll, on Monday, sought the disbandment of the state’s election petition tribunal sitting in Abuja over alleged undue bias.
The APC and Chief Sylva alleged that the tribunal, headed by Justice Adekunle Adeleye, was biased in the conduct of proceedings, findings and decisions.
They, therefore, demanded its outright disbandment and reconstitution.
In a petition to the president of the Court of Appeal, the party and its candidate accused the tribunal of denying them their constitutional right to a fair hearing as required by law.
They claimed that they had lined up 234 witnesses to establish their petition against Governor Douye Diri’s declaration as the winner of the election.
In the petition dated March 4 and signed by Sylvester Elema, SAN, they alleged that the tribunal turned the table against them with an order that the 234 witnesses must be called within seven days only.
The lawyer said they agreed to call 25 witnesses daily and lamented that the tribunal allowed them to call only eight witnesses daily.
He said it was against this backdrop that they had no option but to hurriedly close their case on February 27 after calling only 49 out of their 234 witnesses.
Mr Elema submitted that the tribunal’s action was a clear breach of the petitioners’ rights to a fair hearing by preventing them from calling all their witnesses when the panel still had three months to sit.
Besides, he alleged that in the records of proceedings they obtained, the tribunal made several comments and observations in writing, pointing to the fact that the tribunal had made up its mind to go the way of the respondents.
He claimed that the tribunal distorted the oral testimony of their witnesses in the record of proceedings and had also made findings and decisions regarding the authenticity and weight of polling unit election results they tendered.
The tribunal was accused of coming to the wrong conclusions in its findings that “the pattern of writing witness statements on oath employed by the petitioners was same and done by the same person.”
He also accused the tribunal of being grossly unfair to them in its written comments that “comparisons done on two exhibits showed the same lettering.”
The senior counsel, therefore, demanded the immediate dissolution of the tribunal and reconstitution of a new one that would conduct unbiased proceedings in the remaining three-month life span of the petition.
In a separate letter they brought to the tribunal through their counsel R. O. Balogun, APC and Chief Sylva demanded that the tribunal adjourn proceedings indefinitely pending the time the Court of Appeal president would decide on the petition.
Upon the resumed hearing on Monday, Justice Adeleye informed lawyers of various parties of a petition questioning the members’ neutrality and integrity and seeking indefinite adjournment in the case hearing.
The judge said he did not know where the tribunal members had gone wrong, as alleged by APC and Sylva, and called for reactions.
The Independent National Electoral Commission’s (INEC) lawyer, Charles Edosomwan (SAN), said APC and Chief Sylva were unfair to the tribunal in their allegations of bias and distortion of facts.
In the same vein, similar views were expressed by Chris Uche, SAN, who appeared for Gov Diri; Chukwuma Machukwu-Ume, SAN, counsel to Deputy Governor Lawrence Ewhrujakpo, and Tayo Oyetibo, SAN, who represented the Peoples Democratic Party (PDP).
After brief reactions, they agreed that the adjournment be granted as requested by the complainants.
Justice Adeleye thereafter adjourned the matter sine-die (indefinitely) to await the decision of the Court of Appeal president on the allegations of bias and denial of fair hearing as raised by the petitioners.
Accordingg to the statement, the Board and National Executive Committee of PANDEF, noted with very grave concern the recent spate of political developments in Rivers State.
“Regrettably, these developments have now degenerated into the decision of the Rivers State House of Assembly to commence impeachment proceedings against the governor and deputy governor.
“This is a deeply disturbing situation that demands urgent attention in order to forestall further escalation and breakdown of law and order.
“This concern is heightened by the critical importance and strategic centrality of Rivers to the Niger Delta region and to the broader socio-political stability and economic wellbeing of Nigeria as a whole”, the statement said.
The Forum called on all parties involved in the resurgent political imbroglio to sheathe their swords and embrace peace.
“This should be guided by the principles of give-and-take, dialogue, tolerance, and political equanimity.
“All stakeholders must place paramount importance on peace, development and the welfare of the people of Rivers.
“We must now focus squarely on good governance and development of the state,” the Forum said.
PANDEF commended President Bola Tinubu, the leadership of the All Progressives Congress (APC), respected elders of Rivers State, and other well-meaning Nigerians for their previous and ongoing efforts aimed at restoring peace and stability in the state.
Speaking in an interview on Saturday, January 10, Chief Sara-Igbe alleged that the minister had flouted regulations governing the commencement of electioneering campaigns by moving from one local government area to another to galvanise political support.
According to him, the action amounted to a clear breach of electoral guidelines being carried out with a troubling sense of impunity that could undermine the rule of law.
“Wike has violated the electoral laws of campaigning by going from local government to local government to talk to the people. He travelled from one local government to another. As a result of his visits to local government areas, he has broken election regulations and continues to do all these things without fear of repercussions”, Chief Sara-Igbe said.
The remarks came as Chief Wike was set to round off a state-wide “thank-you” tour that covered all 23 local government areas of Rivers State.
Although the minister had described the tour as an appreciation visit following support for President Bola Tinubu in the 2023 general elections, critics say the engagements have assumed an overtly political character.
Observers note that during several stops, including recent visits to Andoni and Bonny local government areas, the minister rallied supporters across party lines under what he termed a “Rainbow Coalition,” a move widely interpreted as part of a broader political strategy.
During these engagements, Chief Wike was also reported to have made remarks perceived as a veiled challenge to the authority of Governor Siminalayi Fubara, while repeatedly referencing the 2027 elections and urging supporters to prepare to “correct the mistake” of 2023.
Chief Sara-Igbe warned that allowing such activities to continue unchecked could erode public confidence in Nigeria’s electoral process and called on relevant authorities to enforce existing laws without fear or favour.
The Commission, in a statement on Wednesday, claimed that there were plans by the same group to escalate a smear campaign against its Chairman, Ola Olukoyede, to frustrate ongoing investigations and prosecutions involving prominent individuals.
The statement endorsed by the agency’s spokesman, Mr Dele Oyewale, claimed that the action was intended to distract the Commission through unfounded allegations of political bias in the discharge of its duties.
The EFCC warned that it would not stand by and watch “those recruited into this ignoble enterprise” or allow any attempt to derail it from “the patriotic task of improving public accountability in Nigeria.”
The Commission made it clear that those recruited into this venture were under close watch, adding that it would not tolerate any attempt to distract it from the patriotic task of improving public accountability in Nigeria.
“The EFCC reiterates its non-political stance in all its activities. Facts on the ground clearly show that any political actor belonging to the ruling party or opposition party, with corruption baggage, has no hiding place from the operational radar and dynamics of the Commission.
“As a matter of fact, several strong members of the ruling and opposition parties are either facing trial before the courts or being investigated by the Commission.
“It is needful that Nigerians appreciate the fact that the Commission is keeping faith with its Establishment Act in all its operations.
“Therefore, the Commission reiterates its commitment to justice, without fear or favour, in the fulfilment of its mandate,” the statement pointed out.
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