• Gets N1m as cost
From Godwin Tsa, Abuja
The Abuja division of the Court of Appeal has restored the candidacy of Timipre Sylva for the November 11 governorship election in Bayelsa State on the platform of the All Progressives Congress(APC).
This was after setting aside the judgment of the Federal High Court delivered by Justice Donatus Okorowo, which nullified his nomination as the party’s candidate for the election.
In a unanimous judgment on Tuesday, a three-member panel of the appellate court held, that the Federal High Court, Abuja lacked the jurisdiction to have heard and determined the case filed by Demesuoyefa Kolomo, who described himself as a registered voter and a member of the APC.
The appellate court held that having not been an aspirant who participated in APC’s governorship primary, Kolomo lacked the locus standi to approach the court to challenge the nomination of the party’s candidate.
Consequently, the proceeded to set aside the Federal High Court judgment, allowed the appeal filed by Sylva and granted all the reliefs sought.
It equally awarded N1million cost in favour of Sylva.
In a separate judgment, the court also allowed a similar appeal filed on the same issue by the APC and equally awarded N1m cost in favour of the APC.
Sylva’s appeals were against the October 9 judgment delivered by Justice Donatus Okorowo of a Federal High Court in Abuja, which disqualified Sylva as candidate in the November 11 governorship election.
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 Sylva’s name from the list of candidates vying for the election, having taken an oath of office twice as governor of the state.
The Abuja division of the Federal High Court had in a judgment it delivered on October 9, declared that Sylva who is the immediate past Minister of State for Petroleum Resources, was not eligible to participate in the gubernatorial contest having already spent five years in office as governor of the state.
The court stressed that since the 1999 Constitution, as amended, okayed a maximum tenure of eight years for a governor, should Sylva contest and win the impending election, he would exceed the constitutional threshold by spending a total of nine years in office.
Justice Donatus Okorowo held that uncontroverted evidence that was adduced before the court established that Sylva had earlier taken the oath of office as Bayelsa state governor, on two occasions.
Relying on a Supreme Court decided case law in Marwa Vs Nyako, the judge held that the constitution could not be stretched to elongate the statutory period that someone could serve as a governor in the country.
He declared that Sylva was not a valid candidate for the forthcoming Bayelsa state governorship poll.
The court directed the Independent National Electoral Commission, INEC, to remove his name from the list of candidates for the election.
Bayelsa: A’Court clears Timipre Sylva for Governorship election
*Gets N1m as cost
From Godwin Tsa, Abuja
The Abuja division of the Court of Appeal has restored the candidacy of Timipre Sylva for the November 11 governorship election in Bayelsa State on the platform of the All Progressives Congress(APC).
This was after setting aside the judgment of the Federal High Court delivered by Justice Donatus Okorowo, which nullified his nomination as the party’s candidate for the election.
In a unanimous judgment on Tuesday, a three-member panel of the appellate court held, that the Federal High Court, Abuja lacked the jurisdiction to have heard and determined the case filed by Demesuoyefa Kolomo, who described himself as a registered voter and a member of the APC.
The appellate court held that having not been an aspirant who participated in APC’s governorship primary, Kolomo lacked the locus standi to approach the court to challenge the nomination of the party’s candidate.
Consequently, the proceeded to set aside the Federal High Court judgment, allowed the appeal filed by Sylva and granted all the reliefs sought.
It equally awarded N1million cost in favour of Sylva.
In a separate judgment, the court also allowed a similar appeal filed on the same issue by the APC and equally awarded N1m cost in favour of the APC.
Sylva’s appeals were against the October 9 judgment delivered by Justice Donatus Okorowo of a Federal High Court in Abuja, which disqualified Sylva as candidate in the November 11 governorship election.
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 Sylva’s name from the list of candidates vying for the election, having taken an oath of office twice as governor of the state.
The Abuja division of the Federal High Court had in a judgment it delivered on October 9, declared that Sylva who is the immediate past Minister of State for Petroleum Resources, was not eligible to participate in the gubernatorial contest having already spent five years in office as governor of the state.
The court stressed that since the 1999 Constitution, as amended, okayed a maximum tenure of eight years for a governor, should Sylva contest and win the impending election, he would exceed the constitutional threshold by spending a total of nine years in office.
Justice Donatus Okorowo held that uncontroverted evidence that was adduced before the court established that Sylva had earlier taken the oath of office as Bayelsa state governor, on two occasions.
Relying on a Supreme Court decided case law in Marwa Vs Nyako, the judge held that the constitution could not be stretched to elongate the statutory period that someone could serve as a governor in the country.
He declared that Sylva was not a valid candidate for the forthcoming Bayelsa state governorship poll.
The court directed the Independent National Electoral Commission, INEC, to remove his name from the list of candidates for the election.
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