October 10, (THEWILL) – The Federal High Court, Abuja, has disqualified Chief Timipre Sylva, governorship candidate of the All Progressives Congress (APC), from contesting the November 11 gubernatorial election in Bayelsa state.
Ruling in the suit number FHC/ABJ/CS/821/2023, filed on June 13, 2023, by Deme Kolomo, a member of the APC, Justice Donatus Okorowo held that Sylva, having been sworn in twice and ruled for five years as governor of the state, would breach the 1999 constitution as amended if allowed to contest again.
According to the court, Sylva’s disqualification was inevitable because if he wins and eventually sworn in, he would spend more than eight years in office as governor.
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 two times 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, stressing that if Sylva was allowed to contest the next election, a person could compete as many times as he wanted
Reacting to the judgement, the APC Gubernatorial Campaign Council in Bayelsa, reassured Bayelsans of a landslide victory in the November 11, 2023 governorship elections and subsequent swearing-in of its Governorship candidate, Chief Timipre Sylva on February 14, 2024.
In a statement signed by Perry Tukuwei, Director Media and Publicity of the Campaign Council, the party stated that the reassurance was 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 the statement, ”Sections 29 and 84 of the 2022 Electoral Act state 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 an 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 constitutionally 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 realised that our governorship candidate Chief Timipre Sylva is coasting home to victory already following unrivalled acceptance in the eight local government areas of the state.
“The Party has briefed its lawyers to appeal the judgement and it 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.”
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