The Federal High Court in Abuja has ruled to disqualify Chief Timipre Sylva, the All Progressives Congress (APC) candidate in the upcoming November 11, 2023, governorship election.
The disqualification stemmed from a lawsuit filed by a party member, Deme Kolomo, under suit number FHC/ABJ/CS/821/2023 on June 13, 2023. Kolomo contested Sylva’s eligibility to participate in the forthcoming election, citing Sylva’s prior two-time oath-taking as governor and a total of five years in office as the basis for his claim.
Justice Donatus Okorowo of the Federal High Court, Abuja, delivered the judgment on Monday, deeming Sylva ineligible. The judge pointed out that allowing Sylva to run for office again would violate the 1999 constitution as amended, given his previous two swearing-in ceremonies and five-year tenure as the governor of Bayelsa.
In response, the APC campaign spokesman, Perry Tukuwei, reassured the people of the state and party supporters, urging them not to be concerned. Tukuwei expressed confidence in their candidate’s prospects of winning the governorship election.
He said: “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.
“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. We will win,” he said.
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