The Federal High Court in Abuja presided over by Justice Donatus Okorowo, rendered a decision on Monday that banned APC candidate Timipre Sylva from the state’s November 11 polls. The All Progressives Congress Gubernatorial Campaign Council in Bayelsa State has responded to this development.
The Bayelsa people were guaranteed by the council a resounding win at the polls in a statement released on Tuesday by Perry Tukuwei, Director of Media and Publicity.
In a lawsuit filed on June 13, 2023, by APC member Deme Kolomo under the case number FHC/ABJ/CS/821/2023, Okorowo rendered the decision.
After being sworn in twice and serving as governor of Bayelsa for five years, he determined that allowing Sylva to run for office again would violate the 1999 constitution as modified.
Sylva would serve as the state’s governor for more than eight years if he were to win and take office, according to the judge, who also ruled that Sylva was ineligible to run in the November election.
The parties to the lawsuit acknowledged that Sylva was elected twice, and Okorowo cited the Supreme Court case Marwa v. Nyako to highlight this point. The country’s constitutional drafters had stipulated that no candidate should be elected governor more than twice.
In the Marwa v. Nyako case, the Supreme Court decided that no one may amend or broaden the constitution, he said. Therefore, it follows that Sylva is free to run for office again as long as he so chooses in the upcoming election.
The decision was called “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” by the APC campaign council.
The party affirmed that it will appeal the decision, stating that it was certain the appellate court would reverse the decision after briefing its attorneys.
“On account of Sections 29 and 84 of the 2022 Electoral Act, only individuals who participated in a political party’s primary are eligible to file a pre-election matter challenging the eligibility of the party’s candidate in any election. As a result, the lawsuit filed by Chief Demesuoyefa Kolomo, who is not affiliated with the All Progressives Congress and did not participate in our party’s governorship primary, lacks the necessary standing to pursue legal action in this regard.
According to Section 285 of the 1999 Nigerian Constitution, any party that feels wronged must file a complaint or contest an election within 14 days of the incident. However, this case was filed on June 13, 2023, even though INEC released the names of the candidates for governor of Bayelsa, Imo, and Kogi on May 12, 2023. Consequently, the complaint is statute barred because it was brought beyond the 14-day period stipulated by the constitution. The parties and residents of Bayelsa are surprised that the court decided to grant their request for judgment notwithstanding the plaintiff’s lack of locus standi.
Furthermore, all pre-election cases must be tried in the state where the primaries were held, according to a Supreme Court practice direction. The complaint was filed in Abuja to complete their evil deed. Abuja, Bayelsa, is it?
“Therefore, realizing that our candidate for governor, Chief Timipre Sylva, is already coasting to victory after receiving unparalleled acceptance in the state’s eight local government areas, 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.
“The Party is certain that the Court of Appeal will reverse the decision of the Federal High Court, and it has briefed its lawyers to appeal the judgment.”
