Rédaction Africa Links 24 with News Desk
Published on 2024-03-04 14:13:33
The All Progressives Congress (APC) and Timipre Sylva, the governorship candidate in the November 11, 2023 Bayelsa governorship election, have called for the disbandment of the state’s election petition tribunal sitting in Abuja, citing alleged bias. They claim that the tribunal, headed by Justice Adekunle Adeleye, has shown bias in its conduct of proceedings, findings, and decisions, therefore, they are demanding its immediate disbandment and reconstitution.
In a petition addressed to the President of the Court of Appeal, the APC and Mr. Sylva accused the tribunal of violating their constitutional right to fair hearing as required by law. They asserted that they had lined up 234 witnesses to support their petition against the declaration of Gov. Douye Diri as the winner of the election.
The petition, dated March 4 and signed by Sylvester Elema, SAN, alleges that the tribunal imposed unreasonable restrictions by ordering that the 234 witnesses must be called within seven days only. Despite agreeing to call 25 witnesses daily, they were only allowed to call eight witnesses per day, leading them to prematurely close their case on February 27 after calling only 49 out of their planned 234 witnesses.
Mr. Elema argued that the tribunal’s actions constitute a breach of the petitioners’ right to fair hearing since they were prevented from calling all their witnesses even though the tribunal still had three months left to sit. Additionally, he claimed that the tribunal made biased comments and observations in its written records, indicating a prejudiced stance in favor of the respondents.
Furthermore, it was alleged that the tribunal distorted the oral testimony of witnesses and made incorrect findings and decisions regarding the authenticity and weight of the polling unit election results presented. The tribunal’s conclusions, such as claiming that witness statements were written by the same person and that exhibits showed identical lettering, were deemed unjust by the petitioners.
The senior counsel demanded the immediate dissolution of the tribunal and the formation of a new unbiased tribunal to handle the remaining proceedings in the petition’s duration. The APC and Sylva also requested an indefinite adjournment of the proceedings until the Court of Appeal President decides on the matter.
During a resumed hearing, Justice Adeleye acknowledged a petition challenging the tribunal members’ neutrality and integrity, prompting all parties’ lawyers to provide their reactions. INEC’s lawyer, Charles Edosomwan, SAN, criticized the APC and Sylva’s bias allegations, as did other counsels representing Gov. Diri, the Deputy Governor, and the People’s Democratic Party.
Following the reactions, all parties agreed to the requested adjournment, and Justice Adeleye adjourned the matter indefinitely awaiting the Court of Appeal President’s decision on the allegations raised.
The petition filed by the APC and Mr. Sylva is marked EPT/BY/Gov/04/2023, with INEC, Gov. Diri, Deputy Governor Ewhrujakpo, and the PDP listed as respondents. The case has been adjourned indefinitely pending further decisions from the Court of Appeal President on the claims of bias and denial of fair hearing.
Read the original article on DailyNigerian.com
