Appeal Court denies suit seeking Sylva’s removal from Bayelsa governorship

Timipre Sylva, the former minister of petroleum resources, was given permission by an appeal court on Friday to run in the governorship election on Saturday.

This is less than a day before the Bayelsa governorship election.

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The final lawsuit seeking the exclusion of the All Progressives Congress (APC) governorship candidate from the governorship poll was dismissed by the Appellate Court today.

In delivering a ruling in an appeal filed by Mrs. Isikima Johnson against Sylva and two other parties, Justice Binta Zubar declared that the matter was not only unjusticeable but also that the appellant had brought it against the defendants in bad faith.

The Court concurred with Mr. James Ogwu Onoja, SAN, that Sylva cannot be upheld legally for the accusations of taking the governorship oath twice, as the first instance was declared invalid by appropriate courts.

Justices Zubar also rejected the accusations made against the APC in the appeal designated CA/ABJ/CV/1052/2023, stating that the party’s primary election on April 14, 2023, which resulted in Sylva being chosen as the flagbearer, was conducted illegally.

The Independent National Electoral Commission (INEC) and the African Progressive Party (APC) presented substantial evidence demonstrating that all legal procedures were followed in the primary election’s conduct, and Onoja’s arguments were accepted by the court in a majority decision.

In his brief on Sylva’s behalf, Onoja explained how the APC chose to elect its governorship candidate through a direct primary.

Additionally, how the 106 Wards of the 8 Local Government Areas of Bayelsa were administered by a 5-man Electoral Committee on April 14.

The senior attorney further detailed how Sylva received 52062 votes, placing her in first place, and the appellant receiving 584 votes, placing her fourth behind Joshua Maciver’s 2078 votes.

David Perewomini Lyon received 1584 votes, Ongoebi Etebu received 1277 votes, and Daumiebi Festus Sunday received 557 votes, placing it last.

The Appeal Court declared that the Appellant’s claims that Sylva emerged without a primary election were unfounded in light of the uncontested evidence and the monitoring report of INEC, a statutory authority.

“It was evident beyond a reasonable doubt from the uncontested independent report of INEC that the APC held a legitimate primary election and that the electoral umpire, as required by law, observed the proceedings.”

Additionally, Justice Zubar ruled that the appellant’s case was statute barred since it was filed as a pre-election matter beyond the legally permitted 14-day period.

Overall, the Court of Appeal maintained the ruling of Justice Inyang Ekwo of the Federal High Court in Abuja, which on September 26 dismissed the lawsuit due to lack of substance and merit.

Through an original summons, the appellant had brought APC, INEC, and Sylva before the Federal High Court, pleading for an order that would bar him from running in the next Bayelsa State governorship election in November.

She had given two reasons for her resentment of Sylvia. Sylva has taken the oath of office and the oath of allegiance twice after being elected governor twice.

She further asserted that the primary election on April 14 that gave rise to Sylva was illegitimate and unlawful because it was purportedly conducted outside of the APC’s rules.

On the other hand, the Court of Appeal upheld the High Court’s decision to reject the lawsuit.