In less than 24 hours to the conduct of the Bayelsa gubernatorial election, the Court of Appeal, sitting in Abuja, has finally cleared the coast for former Minister of Petroleum Resources, Timipre Sylva, to participate in the Saturday’s governorship election.
The Appellate Court dismissed the last of the chains of suits seeking exclusion of the All Progressives Congress (APC) governorship candidate in the Bayelsa state governorship election.
Delivering judgment in an appeal filed against Sylva and two others by one, Hon Isikima Ogbomade Johnson, the appellate court held that the suit was not only unjusticeable but brought in bad faith by the appellant against the respondents.
The Court agreed that the allegations of taking oath of governorship twice being held against Sylva cannot stand in the face of law because the first one had been invalidated by competent Courts.
In the appeal marked CA/ABJ/CV/1052/2023, Justice Binta Zubar who delivered the judgement also dismissed the allegations against APC that its April 14, 2023 primary election which produced Sylva as its candidate was done in contravention of provisions of the law.
The unanimous judgment agreed that the overwhelming evidence adduced by the Independent National Electoral Commission (INEC) and APC pointed to the facts that all legal steps were taken in the conduct of the primary election.
Sylva had, in his arguments, narrated how APC adopted direct primary as mode of electing the governorship candidate and how a five-man Electoral Committee, on April 14 conducted the election in 106 Wards of the eight Local Government Areas of Bayelsa.
He also listed how, with 52,062 votes, he came first, while the appellant came fourth with 584 votes behind Joshua Maciver 2,078 votes, David Perewomini Lyon 1,584 votes, Ongoebi Etebu 1,277 votes while Daumiebi Festus Sunday came last with 557 votes.
The Appeal Court said with the undisputed evidence coupled with the monitoring report of INEC as a statutory body, the allegations by the Appellant that Sylva emerged without a primary election has no foundation.
“From the uncontroverted independent report of INEC, it was clear beyond any doubt that a valid primary election was conducted by APC and monitored by the electoral umpire as required by law.”
Justice Zubar also held that the case of the appellant was statute barred having been instituted outside the 14 days allowed by law as a pre- election matter.
In totality, the Appeal Court upheld the judgment of a Federal High Court, Abuja delivered by Justice Inyang Ekwo which, on September 26 dismissed the suit for want of merit and substance.
Mrs Johnson had, by an originating summons, dragged APC, INEC and Sylva before the Federal High court, praying for an order to disqualify him from being allowed to participate in the coming November governorship election in Bayelsa State.
She had predicated her grouse against Sylvia on two grounds: Sylva had been elected into governorship office twice and took the oath of office and oath of allegiance twice.
At the same time, she also claimed that the April 14 primary election that produced Sylva was illegal and unlawful, having been allegedly done in contravention with APC’s guidelines.
The trial Court however dismissed the suit while the Court of Appeal affirmed the dismissal of the suit.
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