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… Heads to Appeal over Sylva’s Disqualification
By Amos Odhe, Yenagoa
Despite a Federal High Court, Abuja ruling, disqualifying the All Progressives Congress (APC) candidate in the November 11 governorship election in Bayelsa State, Chief Timipre Sylva, the state chapter of the party has re-assured Bayelsans of its “landslide victory” in the coming poll.
Justice Donatus Okorowo of the Federal High Court, Abuja, had in a judgement delivered on Monday, disqualified the Bayelsa State All Progressives Congress (APC) candidate in the November 11 governorship election, Chief Timipre Sylva.
In suit number FHC/ABJ/CS/821/2023, filed on June 13, 2023 by Deme Kolomo, a member of the APC, Justice Okorowo ruled that Chief Sylva having been sworn in twice and ruled for five years as governor of Bayelsa would breach the 1999 constitution as amended if allowed to contest again.
The judge also declared that Sylva was not qualified to run in the November poll because if he wins and is sworn in, he would spend more than eight years in office as governor of the state.
Citing the case of Marwa vs Nyako at the Supreme Court, Okorowo noted that the drafters of the country’s constitution stated that nobody should be voted for as governor more than twice and that the parties to the suit agreed that Sylva was voted into office two times.
He further stated that the Supreme Court ruled in the case of Marwa vs Nyako that nobody can expand the constitution or its scope. So, if Sylva is allowed to contest the next election, it means a person can contest as many times as he wishes.
In a response to the ruling, the Bayelsa State chapter of the APC, through Mr Perry Tukuwei, director, Media and Publicity of its Governorship Campaign Council has “re-assured Bayelsans of a landslide victory at the November 11, 2023 governorship elections and subsequent swearing in of its governorship candidate, Chief Timipre Sylva on February 14, 2024.”
The APC response said the “reassurance is coming on the heels of a judgement which has the Peoples Democratic Party and its candidate written all over it by a Federal High Court in Abuja in an already failed bid to dash the hopes of Bayelsans to have their preferred candidate, Chief Timipre Sylva as the next helmsman at Creek Haven by February 14, 2024.”
According to Tukuwei, “Sections 29 and 84 of the 2022 Electoral Act states that only persons who contested primaries of a political party that has the locus standi to file a pre- election matter to challenge the qualification of the party’s candidate in any election hence the suit filed by one Chief Demesuoyefa Kolomo who is not a member of the All Progressives Congress and didn’t contest our party’s governorship primaries do not have the locus standi to sue in the matter.
Section 285 of the 1999 Nigerian constitution enjoins any aggrieved party to file a or election matter within 14 days of the occurrence of the event but this case was filed on the 13th of June 2023 whereas INEC published the names of the governorship candidates for Bayelsa, Imo and Kogi on the 12th of May 2023. Thus, the case was filed outside the constitutional prescribed 14 days thereby making the case statute barred. It is surprising to the party and Bayelsans that the court ignored the fact that the plaintiff lacked the locus standi to sue and went ahead to give judgement in their favour.
“Additionally, there is a practice directive by the Supreme Court that all pre-election matters be heard in the state where the primaries took place. To perfect their sinister act, the case was filed in Abuja. Is Abuja, Bayelsa?
“Subsequently, the Bayelsa All Progressives Congress can smell the coffee and sinister move by Governor Douye Diri to go through the back door which is his usual practice having realized that our governorship candidate Chief Timipre Sylva is coasting home to victory already following unrivaled acceptance in the eight local government areas of the state,” he said.
Tukuwei said the party has briefed its lawyers to appeal the judgement and is confident that the Court of Appeal will overturn the judgement of the Federal High Court.
“Our dear Bayelsans, fear not! This clandestine strategy by the PDP should not deter the resolve to elect Chief Timipre Sylva as the next governor of Bayelsa State,” he said.