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From Okwe Obi, Abuja
Twenty-eight lawyers have demanded the disqualification of the running-mate to the governorship candidate of the All Progressives Congress (APC) Timipre Sylva, Joshua Maciver, disqualified in the November 11 poll.
This was contained in a suit filed against Sylva, Maciver, and the Independent National Electoral Commission (INEC), by the Incorporated Trustees of the Trustfield Empowerment Initiative, at the Federal High Court, Abuja.
According to the plaintiff Maciver’s jail term was still running over alleged civil offence, and pointed out that based on the current jail term of MacIver, Sylva does not have a valid running mate.
The plaintiff accused INEC of accepting and allowing Maciver to be Sylva’s running-mate even when it knew that Maciver was serving a jail term.
In a suit no: FHC/ABJ/CS/ 1009/2023, the plaintiff asked: “Whether having regard to the provisions of Sections 175(1), 182(1)(d) and (2)(c) and 187 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and in view of the conviction of the 2nd Defendant for a sentence of imprisonment, the 1st Defendant does not have any valid candidate as his associate for his running for the office of Governor of Bayelsa State in the 2023 Bayelsa State Governorship Election?
“Whether having regard to the combined provisions of Sections 175(1), 182(1)(d) & (2)(c) and 187(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), the recognition and listing of the 2nd Defendant, who is under a sentence of imprisonment, without Presidential Pardon, as the Deputy Governorship candidate of the 1st Defendant in the 2023 Bayelsa State Governorship Election is illegal, unlawful, null and a gross violation of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended)?
“Whether upon the community reading of the provisions of Sections 175(1), 182(1)(d) & (2)(c) and 187(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), the 2nd Defendant having been convicted for a criminal offence with a sentence of imprisonment, without Presidential Pardon, is not eligible to be recognised or listed by the 3rd Defendant (INEC) as the associate of the 1st Defendant for his running for the office of Governor of Bayelsa State in the 2023 Bayelsa State Governorship Election?
“Whether in view of the conviction of the 2nd Defendant for a term of imprisonment, his recognition by the 3rd Defendant (INEC) as the associate and running mate of the 1st Defendant for the 2023 Bayelsa State Governorship Election is not at variance with the Constitution of the Federal of Nigeria, null and void ab initio?”
The Incorporated Trustees of the Trustfield Empowerment Initiative, sought that, ” a declaration that in view of the conviction of the 2nd Defendant for a sentence of imprisonment, the 1st Defendant does not have any valid candidate as his associate for his running for the office of Governor of Bayelsa State in the 2023 Bayelsa State Governorship Election.
“A declaration that recognition and listing of the 2nd Defendant, who is under a sentence of imprisonment, without Presidential Pardon, as the Deputy Governorship candidate of the 1st Defendant in the 2023 Bayelsa State Governorship Election is illegal, unlawful, null and a gross violation of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), null and void ab initio.
“A declaration that the 2nd Defendant having been convicted for a criminal offence with a sentence of imprisonment, without Presidential Pardon, is not eligible to be recognised or listed by the 3rd Defendant (INEC) as the associate of the 1st Defendant for his running for the office of Governor of Bayelsa State in the 2023 Bayelsa State Governorship Election.”
