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Bias Allegation Against Tribunal: Appeal Court Overrules APC, Sylva

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By Nelson Utip

Justice Monica Dongban Mensem The President of The Court of Appeal has dismissed the allegations of bias against The Election Petition Tribunal in Bayelsa State by the All Progressives Congress, APC and its governorship candidate in the November last year gubernatorial election in Bayelsa State, Timipre Sylva, calling for the resumption of hearing in the petition filed by APC and Sylva against the declaration of Douye Diri as the winner of the election on Monday 11th March.

The Justice Mensen led Appeal Court declined the disbanding of the Justice Adekunle Adeleye-led three-member panel as demanded by APC and Sylva, ordering the hearing notices to be issued to the Independent National Electoral Commission INEC, Governor Diri, his Deputy, Lawrence Ewhrujakpo and the People’s Democratic Party PDP who are the 1st to 4th respondents respectively. It could be recalled that The APC and Sylva on Monday in Abuja passed a vote of no confidence on the Governorship Petition Tribunal, calling for their disbandment.

READ ALSO: Gov Diri Commences Second Term Journey

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The duo accused the Tribunal headed by Justice Adekunle Adeleye of undue bias against them in the conduct of proceedings, findings and decisions demanding for its disbandment and reconstitution.

APC and Sylva had in a strong worded petition to the President of the Court of Appeal, levelled allegations of biases on the Tribunal and accusing it of denying them their right to fair hearing as required by law, they also claimed that they had lined up 234 witnesses to establish their petition against the declaration of Senator Douye Diri as the winner of the poll.

In a petition on March 4, 2024, the duo alleged that the Tribunal was biased against them by ordering that the 234 witnesses must be called within a week.

Signed by a Senior Advocate of Nigeria SAN, Sylvester Emenike Elema said that APC and Sylva could only call 8 witnesses per day instead of 25 at their disposal.

A fresh hearing notice dated March 6, 2024 has been served on all parties involved in the matter based on the order of Justice Dongban Mensem, lawyers standing for all parties to the case has been directed to make their appearances at the Tribunal on Monday, March 11, 2024, by 9am.

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