The Court of Appeal in Abuja has reversed the earlier nullification of Chief Timipre Sylva’s candidacy for the All Progressives Congress (APC) in the upcoming November governorship election in Bayelsa State. This reversal paves the way for Sylva’s participation in the election, which is less than 12 days away.
The judgment delivered on Tuesday by the appellate court held that Justice Donatus Okorowo of the Federal High Court had erred in ordering the removal of Sylva as the APC candidate for the November 11 governorship election. The appellate court ruled that the trial court had incorrectly assumed jurisdiction in the matter, as the plaintiff at the Federal High Court lacked the necessary standing to initiate the suit. This was because the plaintiff had not participated in the primary election that selected Sylva as the APC’s flag bearer for the forthcoming election.
The appellate court stressed the fundamental importance of jurisdiction in election matters. As the lower court had no jurisdiction in the first place, all actions taken in the matter were declared null and void.
Furthermore, the appellate court emphasized that once a judgment is determined to have been delivered without jurisdiction, it is rendered an “exercise in futility,” regardless of its merit.
Consequently, the appellate court annulled the decision by Justice Donatus Okorowo, which had previously nullified Sylva’s candidacy for the November 11 governorship election. This ruling requires the Independent National Electoral Commission (INEC) to reinstate Sylva as the APC candidate for the governorship election in Bayelsa State.
Justice Binta Zubairu, who delivered the lead judgment, imposed a cost of N1 million in favor of Timipre Sylva. This development has raised concerns within the People’s Democratic Party (PDP) camp as the election date draws near, and Sylva’s candidacy is officially reinstated.
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