The Federal High Court sitting in Abuja has disqualified Chief Timipre Sylva, candidate of the All Progressives Congress (APC) in the November 11, 2023 governorship election.
A member of the party, Deme Kolomo, had in a suit number FHC/ABJ/CS/821/2023, filed on June 13, 2023, challenged the qualification of Sylva to contest the forthcoming election, basing his claim on the fact that Sylva had previously taken oath of office as the governor two times and has already rule the state for five years.
Justice Donatus Okorowo of the Federal High Court, Abuja, while delivering the judgement on Monday, disqualified Sylva, saying having been sworn in twice and ruled for five years as governor of Bayelsa, hewould breach the 1999 constitution as amended if allowed to contest again.
But APC campaign spokesman, Perry Tukuwei, urged the people of the state and supporters of the party not to be worried, expressing confidence that their candidate will win governorship election.
He said: “Sections 29 and 84 of the 2022 Electoral Act states that only persons who contested primaries of a political party that has the locus standi to file a pre- election matter to challenge the qualification of the party’s candidate in any election hence the suit filed by one Chief Demesuoyefa Kolomo who is not a member of the All Progressives Congress and didn’t contest our party’s governorship primaries do not have the locus standi to sue in the matter.
“Section 285 of the 1999 Nigerian constitution enjoins any aggrieved party to file a or election matter within 14 days of the occurrence of the event but this case was filed on the 13th of June 2023 whereas INEC published the names of the governorship candidates for Bayelsa, IMO and Kogi on the 12th of May 2023. Thus, the case was filed outside the constitutional prescribed 14 days thereby making the case statute barred. It is surprising to the party and Bayelsans that the court ignored the fact that the plaintiff lacked the locus standi to sue and went ahead to give judgement in their favour.
“Additionally, there is a practice directive by the Supreme Court that all pre-election matters be heard in the state where the primaries took place. To perfect their sinister act, the case was filed in Abuja. Is Abuja, Bayelsa?
“Subsequently, the Bayelsa All Progressives Congress can smell the coffee and sinister move by Governor Douye Diri to go through the back door which is his usual practice having realized that our governorship candidate Chief Timipre Sylva is coasting home to victory already following unrivaled acceptance in the eight local government areas of the state.
“The Party has briefed its lawyers to appeal the judgement and it is confident that the Court of Appeal will overturn the judgement of the Federal High Court.
“Our dear bayelsans, fear not! This clandestine strategy by the PDP should not deter the resolve to elect Chief Timipre Sylva as the next Governor of Bayelsa State. We will win,” he said.
