On Tuesday, the Court of Appeal in Abuja overturned the decision to invalidate Chief Timipre Sylva’s candidacy for the upcoming November 11, 2023 governorship election in Bayelsa under the All Progressives Congress (APC).
The appellate court, in its judgment, found that the previous ruling by Justice Donatus Okorowo of the Federal High Court, Abuja, which ordered Sylva’s removal as the APC candidate for the Bayelsa governorship election, was incorrect.
The three-member panel, in a unanimous judgement, held that the trial court which nullified Mr Sylva’s candidature lacked jurisdiction to entertain the suit filed by an APC member, Demesuoyefa Kolomo, having not been an aspirant in the primaries that produced the ex-minister of petroleum.
The court also awarded the sum of N1 million in favour of the appellant (Sylva) in the first appeal marked: CA/ABJ/CV/1060/2023 between APC and Kolomo.
The panel equally awarded the sum of N1 million in favour of Mr Sylva in the appeal marked: CA/ABJ/CV/1061/2023 between Mr Sylva vs. Mr Kolomo and two others.
Mr Sylva’s appeals were against the Oct. 9 judgement delivered by Justice Donatus Okorowo of a Federal High Court (FHC), Abuja, which disqualified Mr Sylva as a candidate in the Nov. 11 election.
Mr Kolomo, who described himself as a registered voter, had, in the suit marked: FHC/ABJ/CS/821/2023 filed on June 3, prayed the court to delete Mr Sylva’s name from the list of candidates vying for the election, having taken an oath of office twice as governor of the state.
Furthermore, the appellate court asserted that even if a judgment is well-founded, when it is issued without proper jurisdiction, ”no matter how sound it may be, it is an exercise in futility”.
The court subsequently voided the decision of Justice Donatus Okorowo, which nullified Sylva’s participation in the November 11, governorship election.
By this judgment, INEC would have to relist Sylva as candidate of the APC for the governorship election in Bayelsa.
|Emerald News/People’s Gazette
