Governor Henry Seriake Dickson of Bayelsa State has applauded the judgement of Election Petitions Tribunal sitting in Abuja which upheld his victory in the December 5, 2016 governorship election describing it “a victory for democracy and Bayelsans.”
The governor in a statement issued on Tuesday by his Chief Press Secretary, Daniel Iworiso-Markson, also commended the judiciary “for upholding our nation’s democracy and once again acquitting itself as the bastion of our democracy.”
The All Progressives Congress (APC) and its candidate, Timipre Sylva, had challenged the election of Dickson of the Peoples Democratic Party (PDP) seeking a reversal of the decision of the Independent National Electoral Commission (INEC) which declared him as the valid winner of the election.
But in a unanimous decision, the three-man tribunal, led by Justice Kazeem Aloba, said the APC failed woefully to prove its case.
The tribunal consequently dismissed Sylva’s petition and upheld Dickson’s election as earlier declared by INEC.
The governor, according to Iworiso-Markson, praised Bayelsans for voting for him and his party on conviction and stood to protect their votes.
The governor, who regretted the loss of lives and property during the election, decried the “intimidation of voters” which he regarded as a failure of institution.
Dickson, however, said that the judgement indicated that “the resolve of the people did not go in vain” as he canvassed for “greater vigilance to protect democracy” in the country.
He said: “We want to use this opportunity to thank the good people of Bayelsa State for voting en-masse for the PDP and defending their votes even in the face of such virulent intimidation and harassment. This judgement is clearly a victory for democracy and the resilient and courageous people of Bayelsa.”
The governor also commended the judiciary for its role as the defender of the constitution, saying that without a fearless and independent judiciary, democracy is imperiled.
According to him, it was not the election that was on trial per se but the judiciary itself, adding that the judgement of the tribunal validated the saying that the judiciary is the last hope of the common man.
In Abuja, the Governorship Election Tribunal had upheld Dickson’s election.
In his judgement, the tribunal Chairman, Justice Kazeem Alogba, held that there were no evidence to prove wide spread illegality during the election.
Alogba, who led two other Justices, further held that Sylva and his party failed to prove their case with credible evidence.
He also held that the allegations of various criminal and electoral offences which the petitioners stated affected the outcome of the election were not proved beyond reasonable doubt.
“The petition was not backed by proof of required standard and therefore lacks merit,’’ he said.
Aloga also held that INEC was right and had the power to have cancelled the supplementary election conducted on Dec 6, 2015 with proved evidence of malpractices.
He further held that contrary to the petitioners’ contention, the decision to cancel the Dec. 6, 2015 poll was not unilaterally taken by the Resident Electoral Commissioner.
The tribunal chairman said evidence showed that the decision was taken by INEC National Headquarters.
“There was sufficient evidence that the earlier supplementary election scheduled to hold on Dec. 6, 2015, was marred by widespread violence, malpractices and irregularities,’’ Aloga held.
“In the light of this, the petition filed against the victory of Mr Dickson Seriake in the Bayelsa State Governorship election fails.
“Seriake is therefore duly returned as governor having scored the highest votes in that election,’’ he said.
Mr Sebastine Hon (SAN), counsel to Sylva had alleged widespread malpractices against the PDP in Southern Ijaw Local Government Area, during the Dec. 5 and Dec.6, 2015 governorship election, and the re-run held on Jan. 9, 2016.
He claimed that the Resident Electoral Commissioner erred by failing to complete the election process, which was declared inconclusive.
The petitioner had alleged that the election was marred by malpractices, intimidation of voters, hijacking of electoral materials, no-voting and non-collation of results in parts of the state.
Sylva argued that the impact of the illegality were substantial in parts of Sagbama, Yenogoa, Nembe, Ogbia,and Ekeremor Local Government Areas.
However, Mr Taye Oyetibo (SAN), counsel to Seriake had opposed the petition, and urged the tribunal to dismiss it.
Oyetibo said that the allegations were not backed by substantial evidence.
