Tuesday 26 July 2016

BAYELSA GOVERNORSHIP UPDATE: TRIBUNAL READY TO DELIVER JUDGEMENT TODAY


Today is 26th of July,2016, a day set aside to make history not only in Bayelsa, but Nigeria as a whole and beyond, reason being that, this is the day the Bayelsa State Governorship Election Tribunal will deliver judgement on the petition filed by former governor of Bayelsa State and APC governorship candidate, Chief Timipre Sylva against Hon. Henry Seriake Dickson, the governor of Bayelsa state and governorship candidate of the PDP to set aside Dickson's victory and declare him, Chief Sylva as the winner.
The matter was transferred to Iyayan, in Abuja, for purposes of security, which made the Bayelsans; especially members of the APC and of the PDP within and outside the state to make Abuja their dwelling place, where so much money was spent on transport fares, on hotel accommodation, feeding etc., and for litigation, where legal luminaries of choice by the candidates argued on the Electoral Law to its very conclusion before the 3 man Panel of the Election Tribunal led by Justice Kazeem.
It was indeed an uneasy journey to get to the end of the tunnel, that is today, the day judgement will be delivered, about 5 hours from now, after all the intrigues, legal fire works, media wars, propagandas etc.
A careful look at the Bayelsa State Governorship Election case, will reveal its peculiarity amongst other cases because of all that had happened within the period. The most unique aspect is that the case had passed through the entire processes of the law, receiving due attention from the Election Tribunal through  the Appeal Court to the Supreme Court and had received judicial opinion from the upper and supreme courts on the basis of which position the tribunal judgement is expected to be delivered.
At the tribunal, among-st other key issues raised by the petitioner, Chief Timipre Sylva, the APC governorship candidate, was the playing of a DVD digital disc. and inspection of election materials that were in the pleadings, but the tribunal approved the inspection of election materials, but inhibited the playing of the DVD in the open court as pleaded. And that inhibition informed, Sylva through his lawyers led by Sebastine Hon. {SAN} to the Appeal Court to seek redress. After looking at the matter, the Appeal Court had no alternative than to direct the Tribunal to play the DVD in the open court as pleaded by the petitioner.
"Friday, June 14 2016...the Court of Appeal Abuja in a ruling... ordered the Bayelsa State Governorship Election Tribunal to play in the open court a digital video disc {DVD} recording, of the announcement of the cancellation of the election in Southern Ijaw by the Resident Electoral Commissioner REC."
Sylva's prayers were granted to have the DVD played as pleaded based on Section 84 of the Evidence Act reads; "The court ordered the tribunal to play the said DVD in the open court...further noted that since it was admitted in evidence in line with section 84 of Evidence Act; the foundation of its admission well laid and the DVD well pleaded in the petition, it is not the decision of the Judiciary to supply any authority other than to follow the law in the circumstances."
"The court said, that there ought not to be any inhibition to the playing of the DVD in the open court by the tribunal because all conditions prescribed by law have been fulfilled by the appellant."
Both the Appeal Court and the Supreme Court "...held that the DVD ought to be played by the tribunal in the open court to demonstrate that it intended not to make it a sleeping exhibit."
On the the basis of all these, the Bayelsa State Governorship Election Tribunal sitting in Abuja has taken today 26th of July as the day to deliver judgement on this matter, according to the 48 hours notice given by the Justice Kazeem led 3 man panel in Abuja.
In view of the fact that, the case is not all about Sylva and Dickson, but between the ruling party [APC] and the opposition [PDP], the entire nation is waiting for justice by 3.pm today.

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