Temporary Respite for Diri, Ododo as Poll Tribunal Affirms Their Electoral Victories

•Diri: My victory’ll propel me to serve

•Sylva, Ajaka head for appeal 

•Jubilation in Kogi govt house

Alex Enumah, Juliet Akoje in Abuja, Ibrahim Oyewale in Lokoja and Olusegun Samuel in Yenagoa

There’s temporary respite for Governor Douye Diri of Bayelsa State and his Kogi State counterpart, Usman Ododo, following the dismissal of the petitions against their elections as governors.

Both the Bayelsa and Kogi States Election Petition Tribunalsin their separate judgements delivered, held that Diri and Ododo were validly returned as winner of the November 11, 2023 governorship polls.

The Independent National Electoral Commission (INEC) had in two separate announcement declared Diri and Ododo winners of the governorship election in Bayelsa and Kogi States respectively, on account of winning majority of the votes cast at the polls.

Dissatisfied candidates in the two states however approached the election tribunals to challenge the decision of INEC.

In the petition of the candidate of the All Progressives Congress (APC), Chief Timipre Sylva, the three-member tribunal led by Justice Adekunle Adeleye, affirmed the re-election of Diri, shortly after dismissing the petition of Sylvia.

The tribunal in a unanimous judgement held that the petitioners failed to present credible evidence to substantiate their allegations against the outcome of the governorship poll.

The panel struck out all the additional proof of evidence as well as statements on oath of some of the witnesses that testified for the petitioners, for being incompetent.

The tribunal also rejected petitioners claim that the Deputy Governor, Lawrence Ewhrudjakpo, tendered forged University Degree Certificate and NYSC Exemption Certificate, to INEC, in aid of his qualification for the election.

According to the tribunal, such allegations which were pre-election matters ought to be heard before the Federal High Court, and not the tribunal, adding that the matter had become statute barred since the petitioners failed to challenge the genuineness of the certificates, 14 days after it was submitted to INEC.

Concluding, the panel stated that the petitioners were unable to discharge the burden of proof that was placed on them by the law, stressing that they 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.

Similarly, the Kogi State three-member tribunal led by Ado Birnin-Kudu, affirmed Ododo’s governorship shortly after it dismissed the petition filed by Murtala Ajaka and the Social Democratic Party (SDP).

The tribunal, while dismissing Ajaka’s petition, held that he and his party failed to substantiate their allegations made against the November 11, 2023 governorship election in Kogi State.

In the unanimous judgment, the panel held that contrary to the claims of the petitioners, the election “was conducted in substantial compliance with the Electoral Act.”

The panel subsequently dismissed the suit for being incompetent and lacking in merit, stressing that the issue of forgery and non-qualification is a pre-election matter and outside the mandate of the tribunal.

While stating that the petitioners failed to adduce credible evidence to prove allegation of over voting, the panel held that the petitioners abandoned 96.4% of the case they set out to make, adding that credible witnesses were not called to prove their case because none of the 25 witnesses called were polling officers or polling unit agents.

“On the whole, my conclusion is that the November 11 2023 governorship election of Kogi state was conducted with substantial compliance and with the Electoral Act,” Birnin-Kudu held.

“I therefore affirm the election of Ahmed Usman Ododo as the duly elected governor of Kogi state. This petition is accordingly dismissed.”

Reacting to the judgement of the Tribunal, Diri, who commended the judiciary held that, the victory would provide him the opportunity to provide dividends of democracy to his people.

He said the justices of the Tribunal have demonstrated that the Judiciary is the last hope of the common man and pledged to work towards the development of the state.

In a statement by his Chief Press Secretary, Mr Daniel Alabrah, the governor noted that by the judgement, the judiciary has again proven that it remained the last hope for the common man.

“Once again, I use this opportunity to thank my people of Bayelsa State who graciously and freely gave me this mandate. lt is actually not my victory but it is for the people of Bayelsa,” he said.

Meanwhile, Sylva, has expressed dissatisfaction with yesterday’s judgment.

In a statement by his Special Assistant on Media and Public Affairs, Julius Bokoru, immediately held a meeting with elders and stakeholders of the party after the judgement.

Rising from the meeting, the former governor of Bayelsa directed his legal team to immediately seek justice at the Court of Appeal.

Prior to the judgement, Sylva had accused the tribunal of bias following several infractions observed by his lawyers during the hearing of the case.

He subsequently filed an interlocutory appeal demanding the dissolution of the panel and reconstitution of a new one.

Also, the gubernatorial candidate of the Social Democratic Party (SDP) in Kogi State,  Alhaji Murtala Yakubu Ajaka,has said his loss at the tribunal was just a temporary setback as he was set to pursue the case to the highest court.

Reacting to the verdict of the Tribunal, which dismissed his petition, Ajaka said, “A long walk to freedom has just begun.”

According to him, “Today, I come before you with a heavy heart, but also with a fire of optimism burning in my soul. We have just received the news that our election petition has been unsuccessful at the tribunal.

“It is a setback, a moment of disappointment, and it is natural for us to feel disheartened. But let me tell you this, my fellow Kogites, this is not the end of our journey. This is just a chapter in our fight for justice, truth, the rights of our people and freedom.”

Meanwhile, there was jubilation at the Government House in Lokoja, the Kogi State yesterday when the news of the tribunal upholding the election of Ododo.

Shortly after the tribunal pronounced Ododo as the authentic winner of the election, the APC loyalists thronged the government for the celebration of the victory, which coincided with the Children’s Day celebration.