Governor Seriake Dickson
An application filled by Timipre Sylva, the candidate of the All
Progressives Congress, challenging the election of Governor Seriake
Dickson of Bayelsa State, has been dismissed by the Court of Appeal in
Abuja.
According to Premium Times, Mr. Sylva had approached the court to
challenge the ruling of the Bayelsa State election tribunal which upheld
the election of Mr. Dickson.
Mr. Sylva through his counsel, Dieworio Wuku, told the court that
the Bayelsa State Resident Electoral Commissioner had cancelled the
election on December 6, 2015. He added that the supplementary election
held was illegal.
A five-member panel of justices led by Jimi Bada, however, said the
claim by Mr. Sylva and his party, the All Progressives Congress, that
the Resident Electoral Commissioner in Bayelsa cancelled the election
held on December 6 2015 was invalid.
The court resolved five issues raised by Mr. Sylva and his party in favour of Mr. Dickson and his party, PDP.
The court decided that Mr. Sylva and his part, APC, failed to prove
the allegations of corruption, non compliance, gross violation of the
electoral act and other malpractices, as alleged regarding the election.
The appellate court said the ground upon which the appellants based
their case that the December 6, 2015 election was cancelled did not
hold water because they participated actively in the rescheduled
election on January 9, 2016.
The court also said the decision to postpone the December 6, 2015
election to January 9, 2016 was taken by INEC and stakeholders.
The court held that the burden of proof rest on the appellants.
“The contention of the appellant has no merit. They were
expected to provide evidence to prove their claim that the election was
marred by irregularities, electoral malpractices, allocation of votes
and gross violation of electoral act. These allegations were not proved
by the appellants.
“I am in total agreement with the judgement of the lower
Tribunal because it’s decision was based on the evidence placed before
it,” Mr. Bada said.
The court, therefore, dismissed the applications and held that the election of Mr. Dickson was valid.
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