•Sylva, APC shut case after 52 witnesses
Alex Enumah in Abuja
The Impartial Nationwide Electoral Fee (INEC), will on Monday March 4, start its defence of the November 11, 2023, governorship election that produced Douye Diri as re-elected governor of Bayelsa State. That is following the closure of the case of the petitioners on Tuesday.
Apart from INEC, the governor, his deputy, Senator Lawrence Ewhrujakpo and the Peoples Democratic Social gathering (PDP) are additionally anticipated to open their defence subsequent week.
Former governor and rapid previous Minister of State for Petroleum, Chief Timipre Sylva and his get together, the All Progressives Congress (APC), are difficult the Impartial Nationwide Electoral Fee (INEC) declaration of Diri because the winner of the November 11 governorship ballot in Bayelsa State.
In response to them, the electoral umpire denied them of votes of their “robust areas”, when it cancelled ends in three Native Authorities Areas of Nembe, Ogbia and Southern Ijaw, on alleged disruption of the electoral course of and diversion of electoral supplies.
Nevertheless, after calling a complete of 52 witnesses, out of the 224 lined as much as show their allegations towards the election, the petitioners introduced that they have been glad with the prosecution of their case and want to shut it.
Amongst those that testified at Tuesday’s proceedings are; former Commissioner of Police in Bayelsa State, Mr Tolani Alausa and the APC’s State Collation Officer, Mr Dennis Otiotio.
Alausa, who was led in proof by petitioners’ lead counsel, Mr Onyechi Ikpeazu (SAN,) adopted his witness assertion on oath dated December 1, and tendered a number of reveals to assist claims of the petitioners that election truly befell within the disputed native authorities areas and outcomes introduced on the polling models.
Throughout cross-examination by INEC’s lawyer, Chief Charles Edosanwan (SAN), the witness admitted that his position through the election was seen as controversial and that a number of protests have been held for and towards his additional keep as police chief within the state.
Alausa, additionally denied testifying in favour of the petitioners stating that he was on the tribunal following a letter from the Inspector Common (IG) of Police.
He acknowledged that the paperwork he tendered earlier than the tribunal have been dropped at him by police officers who participated within the November 11 governorship election in Bayelsa State and have been stored with the Deputy Commissioner in control of Operations.
Below cross examination by the Peoples Democratic Social gathering (PDP) lawyer, Mr Tayo Oyetibo (SAN), the witness admitted that he took away a Prado Jeep given to him by the governor for his operation however needed to return it after the governor wrote the IG requesting that the automobile be returned to the state command to be used.
He mentioned he was detached over the request for the return of the automobile, when requested whether or not he was sad over the demand that he returns the automobile.
In his personal proof, a star witness of the petitioners, Denis Otiotio, who’s a authorized practitioner and Collation Officer of the APC, within the disputed election additionally tendered a number of paperwork together with outcomes sheets, protest letters to INEC and safety brokers in addition to a Licensed True Copy (CTC) of the tribunal’s order for inspection of electoral supplies.
Below cross examination, Otiotio claimed that election befell in his polling unit in addition to 14 different polling models.
When confronted with INEC’s voter register in respect of his polling unit, exhibiting that neither was his title nor that of others ticked to show that they voted on the election they’re claiming they received, the witness knowledgeable the court docket that the register earlier than him was not identical used through the November 11 governorship election.
He additional acknowledged that once they went to INEC for inspection of electoral supplies on the orders of the court docket, one INEC’s workers, (a woman he pointed to on the court docket) had knowledgeable him that they didn’t have the register.
When requested if the petitioners filed any utility earlier than the tribunal to complain that its orders weren’t being obeyed by the electoral umpire, the witness answered within the adverse.
After the tip of cross examination, Chief James Onoja (SAN) who took over the plaintiffs’ case after Ikpeazu, stepped out, introduced that the petitioners had determined to shut their case.
Additionally, talking with journalists shortly after the tip of proceedings, Mr Tunde Falola, acknowledged that his shopper had given a superb account of themselves and are satisfied that the tendered paperwork in addition to the testimonies of the witnesses known as have proved that election befell within the disputed native authorities areas.
INEC had declared Diri and the PDP winner of the November 11, 2023 governorship election in Bayelsa State, having received majority of the votes solid on the election.
In response to the Returning Officer, Prof. Faruq Kuta, the PDP and Diri polled 175, 196 votes to defeat his closest rival, Timipre Sylva of the APC who scored 110,108 votes.
Dissatisfied, Sylva and APC had approached the tribunal to problem the declaration of Diri as winner of the November 11 governorship election.
The petitioners are asking the tribunal to carry that opposite to the place of the electoral umpire, election held in some polling models and winners declared on the mentioned models, including that it was fallacious of INEC to ignore the outcomes on the ward and native authorities stage.
It’s their declare that if the mentioned cancelled outcomes have been restored by the court docket, they might emerge winner of the November election.
However the respondents particularly INEC which performed the election submitted that election in three native governments of Southern Ijaw, Ogbia and Nembe, didn’t maintain as a result of incidents of alleged diversions of supplies and disruption of the electoral course of over alleged bypass of the BVAS machine.
They’d tendered the Type EC40G to substantiate that there have been no elections within the mentioned polling models.
As well as the respondents introduced CTCs of outcomes from INEC to show that the outcomes introduced earlier than the court docket as proof that election held on the polling models have been solid by the petitioners.
In the meantime, Chairman of the three-member tribunal, Justice Adekunle Adeleye, adjourned until Monday, March 4, for the respondents to open their defence.
