The Abuja Division of the Federal High Court has disqualified the All Progressives Congress (APC) governorship candidate, Timipre Sylva, from contesting the November 11 election in Bayelsa.
Justice Donatus Okorowo, in a judgment delivered Monday night, 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.
Mr Okorowo, who agreed with the plaintiff’s argument, further held that if Sylva were allowed to contest and won the poll, he would have spent more than eight years in office as governor of the state in contravention of the Nigerian Constitution.
While citing the case of Marwa vs Nyako at the Supreme Court, Mr Okorowo maintained that the drafters of the country’s constitution stated that nobody should be voted for as governor more than two times.
According to the judge, the Supreme Court also ruled in the case of Marwa vs Nyako that nobody can expand the constitution or its scope. He held that if Sylva was allowed to contest the next election, a person could contest as many times as he wanted.
Deme Kolomo, a member of the APC, had prayed the court to order the Independent National Electoral Commission (INEC) to delete Mr Sylva’s name from the list of candidates contesting the November 11 governorship poll.
In the originating summons marked FHC/ABJ/CS/821/2023 dated and filed June 13, Kolomo had sued Mr Sylva, APC and INEC as first to third defendants, respectively.
Mr Kolomo had asked the court to determine whether Sylva is qualified to contest in the election, having occupied the office of governor of Bayelsa from May 29, 2007, to April 15, 2008, and May 27, 2008, to January 27, 2012.
In the affidavit attached, Mr Kolomo deposed that he was also a registered voter in Bayelsa besides being an APC member. He said INEC recently published the names of governorship candidates for Bayelsa, including Mr Sylva’s name.
The plaintiff said he was motivated by the need to vindicate Sections 180 (2)(a) and 182(1)b) of the 1999 Constitution, the rule of law, and to know the applicability of same as it relates to Mr Sylva based on the facts.
Mr Kolomo also averred that the question raised by the instant suit was a constitutional one and of grave importance to him as a voter and other Bayelsa voters so that they would not vote for someone who was not qualified to contest in the poll and had their votes wasted at the end of the day.
But Mr Sylva, in a counter affidavit, asked the court to dismiss the suit for lacking merit.
Through his lawyer, Babayemi Olaniyan, the ex-minister said he was never elected as the state’s governor on two occasions. He argued that the Appeal Court, in its judgment, held that the election that brought Sylva as Bayelsa governor in 2007 was null and void while directing INEC to conduct a fresh election within 90 days.
The lawyer admitted he was a former governor of Bayelsa but stressed that he had only been elected once as the state’s governor.
He asked the court to dismiss the suit.
Corroborating Olaniyan’s argument, Dennis Otiotio, who appeared for APC, urged the court to dismiss the suit with substantial cost. In the preliminary objection argued, Mr Otiotio said Mr Kolomo lacked locus standi to institute the suit as he was never an aspirant in the primary election that produced Mr Sylva.
While arguing his case, Abiodun Amuda-Kannike, who appeared for Mr Kolomo, said contrary to the argument of the counsel, his client had locus, in accordance with the law, to file the suit whether as a pre-election matter or not.
He argued that all the sections and cases cited by the defence were unrelated to the instant suit. He said contrary to their argument, the suit was not statute-barred, as the final day on which the list of candidates was published was also part of their case.
The senior lawyer prayed the court to uphold their argument and dismiss the preliminary objection of the defence.
Justice Inyang Ekwo had, on September 26, in another suit marked FHC/ABJ/CS/575/2023 and filed by an APC aspirant, Ogbomade Johnson, against Mr Sylva, dismissed the case for failure to prove the case with evidence as required by law.
(NAN)
