Glory Abuh-Adejoh
Abuja – The Bayelsa Election Petitions Tribunal, sitting in Abuja, on Friday dismissed the petition filed by Eluan Izagara of the PDP , challenging the election of Sen. Degi Wangagra for the Bayelsa East senatorial district.
Izagara and his party, PDP are challenged the choice of Sen. Degi Wangagra as the winner of the election.
Joined in the petition are Independent National Electoral Commission (INEC) as first respondent and the All Progressive Congress (APC) as second respondent.
The petitioner, through his counsel, Olaniran Obele alleged that the election for Bayelsa East which comprises of Ogbia, Nembe and Brass Local Government Areas were marred with violence.
In addition, he alleged that there was non voting in 104 polling units of the district, which meant Wangagra was not duly elected by majority of votes cast.
Another ground for which the petition was instituted was on the allegation of falsification of results in the polling units that voting took place.
Izagara therefore sought the tribunal to declare that Wangagra was not duly elected.
He equally sought the declaration of the tribunal to set aside the election that produced the senator as duly elected and declare him as the validly elected winner.
The petitioner further sought for an order of the tribunal directed INEC to issue him a certificate of return as the winner of the said election.
Delivering the judgment, the three man panel headed by Justice Kenneth Wosu said that though the petitioners presented 33 witnesses to prove the allegation of disenfranchisement in 104 polling units, there was contrary evidence.
He noted that, during the cross examination, the petitioner’s witnesses who were shown the voters register identified their names as ticked which signified that they voted.
Wosu further held that the petitioner also failed to prove the allegation of of violence during the election as non of the petitioner’s witnesses made direct accusations on the respondents.
On the allegation of falsification of result, the judge equally dismissed it on grounds that the petitioners ought to have tendered two sets of results, the falsified one and the genuine one to prove their case.
He said by doing so, the petitioners would have been able to prove an evidence of non compliance with electoral act.
He concluded by saying “we find and hold that all allegations against the respondents is resolved in favour of the respondents and against the petitioners.
This petition is therefore accordingly dismissed”
News Agency of Nigeria ( NAN), reports that Bayelsa East Senatorial seat was occupied in the 8th senate by Sen. Ben Murray Bruce for a term. (NAN)