Bayelsa Poll: Tribunal Fixes April 22 For Parties To Adopt Final Briefs

The Bayelsa State Governorship Election Petition Tribunal has fixed April 22 for parties to adopt their final briefs of argument in the petition the All Progressives Congress (APC) and its candidate, Chief Timipre Sylva, filed to nullify the election of Governor Douye Diri.
The Justice Adekunle Adeleye-led three-member tribunal okayed the matter for adoption, after Governor Diri, his deputy, Lawrence Awhrujakpo and the Peoples Democratic Party (PDP), who were cited as respondents in the matter, closed their defence.
Each of the respondents produced a witness that testified before the tribunal, even as they tendered several electoral documents in evidence.
Governor Diri’s witness, Mr. Gesiye Isowo, identified himself as the Secretary of the PDP in Bayelsa State.
Among exhibits he tendered before the tribunal included his party membership card and his Permanent Voters Card.
Governor Diri, through the witness, also tendered in evidence, the official result of the election as well as the final declaration of the result, which were contained in INEC’s forms EC8D and EC8E.
The governor equally tendered INEC’s forms EC8B and EC8C.
While being cross examined by counsel to the petitioners, Mr. Sylvester Elema, SAN, the witness told the tribunal that he registered and voted at Unit 9, Ward 10 in Kolokuma/Okpokuma LGA.
Asked if it was true that the National and State Assembly elections held in the state in February and March 2023, the witness said he was in court only with respect to the governorship election.
“I am not INEC. If you ask about my party’s primary, then I should know,” he added.
The petitioners had contended that voters registers that were tendered in evidence and marked as Exhibit R1- R19 by the tribunal, which was generated on January 25, 2023, were only used for the National Assembly election and not governorship poll.
However, in his evidence, the witness insisted that the registers were used for the governorship poll.
He identified his name as No. 179 in the voters register that was used at his polling unit.
The petitioners opposed the tendering and admissibility of the register which they said was not furnished to them before hand as directed by the tribunal.
On their part, the respondents urged the tribunal to disregard the objection and admit the exhibit as relevant to the case, saying it would help to confirm if the witness actually voted during the election or not.
In his own defence, the deputy governor produced a former Permanent  Secretary in the Ministry of Local Government and Chieftaincy Affairs in Bayelsa State, Mr. Gowon Toruyouyei as his witness.
The witness said he retired in January and was subpoenaed to appear before the tribunal.

While being cross examined, the witness confirmed that the deputy governor is a legal practitioner whose Call to Bar certificate was listed in INEC’s form.

Asked if in all his interactions with the 3rd respondent, he could be described as an illiterate, the witness, said: “He could not have been an illiterate. He is very educated.

“I will describe him as someone that has the requisite experience and qualification to be elected into any office in the country.”

On its part, the PDP brought a former Attorney General of Bayelsa State, Rt. Hon. Talford Ongolo, as its witness.

Ongolo told the tribunal that Sylva could not have been validly sponsored for the election by the APC, having already been elected as governor twice.

“I worked as the Director General of his campaign at one time, so all these facts are within my knowledge”, he said.

He told the tribunal that he served as the State Collation Agent of the PDP during the election and also voted at his polling unit at Southern Ijaw. The witness identified his picture on the voters register.

He told the tribunal that those whose names were not ticked on the register, did not vote on the election day.

“It is a standard procedure that once you vote, your name is ticked,” the witness added.

Despite objection by the petitioners, a certified copy of the voters register containing the name of the witness was admitted in evidence by the tribunal.

Earlier, INEC, through its lawyer, Mr. Charles Edosanwan, SAN, told the tribunal that the result of the election it declared in favour of governor Diri was a reflection of the wish of the electorates.

Even though INEC did not call any witness, it however tendered several exhibits to justify the outcome of the poll.

After all the respondents closed their defence, the tribunal adjourned the matter for adoption, preparatory to the delivery of its judgement.