Less than 24 hours after a Less that 24 hours after a judgement of a Federal High Court, Abuja, disqualified him from participating in the November 11 governorship election in Bayelsa state, the governorship candidate of the All Progressives Congress (APC), Chief Timipre Sylva, has approached the Court of Appeal, Abuja Division, with an appeal seeking to set aside the judgement.
Apart from the Notice of Appeal, the former governor, through his lawyer, Dr Ahmed Raji (SAN), also filed an application seeking a stay of the execution of the judgment pending the determination of his appeal.
Shortly after the appeal was filed, Dr. Raji said the judgment of the trial court was against settled principles of law and notable precedents.
He said the appeal raises three fundamental issues touching on jurisdiction, locus standi (legal right) and wrongful evaluation of affidavit evidence.
In a judgement delivered late Monday night, the trial Judge, Justice Donatus Okorowo disqualified Sylva on the ground that he had been sworn in twice and had ruled for five years as governor of Bayelsa.
The trial Judge, in his judgement in the suit, marked FHC/ABJ/CS/821/2023, filed on June 13, 2023, by a member of the APC, Demesuoyefa Kolomo, held that Sylva, having been sworn in twice and ruled for five years as Governor of the State, would breach the 1999 Constitution as amended if allowed to contest again.
In the Motion on Notice, dated October 10, 2023, Sylva prays the court for an order staying execution and/or further execution of the entire judgment of the Federal High Court and the orders contained in the judgment delivered on the 9th October 2023, pending the hearing and final determination of the appeal lodged against the judgement.
He is also praying the court for an order of injunction, restraining Demesuoyefa Kolomo, APC and the Independent National Electoral Commission (INEC), listed as first to third 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, the former governor of the state and the immediate past Minister of State for Petroleum said, Justice Okorowo, in his judgement wrongly assumed jurisdiction by delving into the internal affairs of his party, the APC, which is a non-justiciable cause of action and thereby occasions a grave miscarriage of justice.
He said the trial court must understand the case presented by the parties and apply the law correctly.
In ground two, the former governor said the trial Judge erred in law when he wrongly conferred, allowed and adjudicated on the matter when the first respondent (Demesuoyefa Kolomo) 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 governorship candidate of the APC, thereby occasioned 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 and thereby breached his right to fair hearing as guaranteed by the 1999 constitution of the Federal Republic of Nigeria.
No date has been fixed for the hearing of the appeal.
