From Godwin Tsa, Abuja

The All Progressives Congress, (APC)  governorship candidate in Bayelsa State, Timipre Sylva,  has asked the Abuja division of the Court of Appeal to set aside the judgment of the Federal High Court which disqualified him from participating in the November 11 election.

Justice Donatus Okorowo of the Abuja division of the Federal High Court had in a judgment on Monday night, disqualified the former Minister from contesting the election.

But in a notice of appeal, Sylva through his counsel, Dr Ahmed Raji, equally filed a stay of execution of the judgment of the trial court.

Shortly after the appeal was filed, Dr. Raji said the high court judgment is against settled principles of law and notable precedents. The chances of success at the appeal court are very high.

He said the appeal raises three fundamental issues touching on jurisdiction, locus standi and wrongful evaluation of affidavit evidence.

In a judgement delivered late Monday night, Justice Donatus Okorowo of the high court disqualified the APC candidate on the ground that  Sylva has been sworn- in twice and ruled for five years as governor of Bayelsa state.

According to the court, standing for another election as governor would breach the 1999 Constitution as amended.

In the motion on notice, dated October 10, 2023, praying the court to stay execution of the judgment, Sylva, through his Counsel, Dr Raji, SAN, prayed the court for an order of the court staying execution and/or further execution of the entire judgment and the orders contained in the Judgment of the Court, delivered on the 9th October, 2023, pending the hearing and final determination of the appeal lodged against the judgment and Orders of this Court before the Court of Appeal, Abuja.

He also prayed the court for an injunction, restraining the respondents from implementing and/or giving effect to the Declaratory and Executory Orders contained in the Judgment.

In the appeal, also dated October 10, 2023, Sylva, a former governor of the state and the immediate past minister of state for petroleum resources, raised three grounds of appeal.

According to him, Justice Okorowo in his judgement wrongly assumed jurisdiction by delving into the internal affairs of his party, APC, which is a non-justiciable cause of action and thereby occasiones a grave miscarraige of justice.

He said the trial  court has a duty to understand the case presented by the parties and apply the law correctly.

In ground two, the former governor said Justice Okorowo erred in law when he wrongly conferred, allowed and adjudicated on the matter when the respondent has no locus standi to initiate or institute the action having confessed not to have participated in the primary election that produced him as the governorahip candidate of the APC, thereby occasions a grave miscarriage of justice against him.

He said the court failed to properly evaluate, determine and pronounce on his notice of preliminary objection challenging the competence of the suit amd thereby breached his right to fair hearing and guaranteed by the 1999 ‘institution of the Federal Republic of Nigeria.

No date has been fixed for the hearing of the appeal.