From Godwin Tsa,  Abuja

The All Progressives Congress (APC) and its governorship candidate in Bayelsa State, Timipre Sylva, yesterday, passed a vote of no confidence on the Bayelsa State Governorship Election Petition Tribunal sitting in Abuja.

The petitioners, who are demanding an outright disbandment and reconstitution of the Justice Adekunle Adeleye-led tribunal, have accused it of undue bias against them in both the conduct of proceedings, findings, and decisions.

Their position is contained in a petition to the President of the Court of Appeal.

Specifically, the APC and Sylva accused the tribunal of denying them their constitutional right to fair hearing as required by law.

Among others, the APC and its governorship candidate claimed that they had lined up 234 witnesses to establish their petition against the declaration of Senator Douye Diri as the winner of the polls.

In the petition dated March 4, 2024, they alleged that the tribunal turned the table against them with an order that the 234 witnesses must be called within seven days only.

The petition signed by Sylvester Emenike Elema said that APC and Sylva agreed to call 25 witnesses daily, and lamented that the tribunal allowed them to call only eight witnesses per day

In the face of the impossible tasks allegedly imposed on them, the APC and Sylva complained that they had no option but to hurriedly close their case on February 27 after calling only 49 out of their 234 witnesses. The senior lawyer submitted that the action of the tribunal was a clear breach of the rights of the petitioners to a fair hearing by preventing them from calling all their witnesses when the tribunal still had three months to sit.

Besides, APC and Sylva alleged that in the records of proceedings they obtained, the tribunal made several comments and observations in writing, which pointed to the fact that the tribunal had made up its mind to go the way of the respondents

They claimed that the tribunal distorted the oral testimony of their witnesses in the record of proceedings, and had also made findings and decisions in respect of the authenticity and weight of polling unit election results they tendered.

The tribunal was accused of coming to the wrong conclusions in its findings that “the pattern of writing witness’ statements on oath employed by the petitioners was the same and done by the same person.”

The APC and Sylva also accused the tribunal of being grossly unfair to them in its written comments that “comparisons done on two exhibits showed the same lettering.”

They, therefore, demanded immediate dissolution of the tribunal, and reconstitution of a new one that would conduct unbiased proceedings in the remaining three-month life span of the petition.

In separate letters they sent to the tribunal through their counsel, Mr. R. O. Balogun, the APC and Sylva demanded that the tribunal should adjourn proceedings in the matter indefinitely pending the time the Court of Appeal President will come out with a decision on the petition.

When the hearing was to resume yesterday, the tribunal chairman, Justice Adekunle Adeleye, informed lawyers to various parties of a petition questioning the members’ neutrality and integrity, and seeking indefinite adjournment in the hearing of the case.

Justice Adeleye said he did not know where the tribunal members had gone wrong as alleged by the APC and Sylva and called for reactions.

Counsel to the Independent National Electoral Commission (INEC), Charles Edosomwan, said both the APC and Sylva were not fair to the tribunal in their allegations of bias and distortion of facts.

In the same vein, similar views were expressed by Chris Uche, SAN, who stood for Governor Douye Diri, Chukwuma Machukwu Ume, counsel to Deputy Governor Lawrence Ewhrujakpo and Tayo Oyetibo, who represented the Peoples Democratic Party (PDP).

After brief reactions, they agreed that the adjournment be granted as requested by the APC and Sylva.

In a short ruling, Justice Adeleye adjourned the matter sine-die, (indefinitely), to await the decision of the Court of Appeal President on the allegations of bias and denial of fair hearing as raised by the two petitioners.

The respondents in the APC and Sylva’s petition marked EPT/BY/Gov/04/2023 are INEC, Governor Diri, Deputy Governor Ewhrujakpo and the PDP.