Former Minister of Petroleum Resources, Timipre Sylva, on Tuesday, began the battle to remain on the ballot for the November 11 Bayelsa 2023 governorship poll as the candidate of the All Progressives Congress (APC) following his disqualification by a Federal High Court.
In an unexpected twist of events, Justice Donatus Okorowo of the Federal High Court (FHC), Abuja, in a judgment he delivered Monday night, knocked out the former minister from the gubernatorial race while delivering judgment in a suit filed by one Mr Deme Kolomo, who ironically is a member of his party.
Kolomo had in the suit asked the court to order the Independent National Electoral Commission (INEC) to remove Sylva’s name from the list of candidates contesting the Nov. 11 governorship poll over claims that he had taken oath of office twice as the governor of Bayelsa State.
He noted that Sylva took oath as governor of Bayelsa State from May 29, 2007 to April 15, 2008, and from May 27, 2008 to January 27, 2012, and was thus ineligible to seek another term of office.
Justice Okorowo agreed with Kolomo in his judgment.
He 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.
However, Sylva and indeed, members of APC loyal to him in Bayelsa have vowed that the judgment would not stand.
Ahmed Raji, the former minister’s lawyer had filed a notice of appeal asking the court to set aside the judgment. He also filed a stay of execution of the judgment pending the hearing and final determination of the appeal.
In the appeal dated October 10, the ex-minister raised three grounds of appeal.
He said Justice Okorowo in his judgment wrongly assumed jurisdiction by delving into the internal affairs of his party, APC, which is a non-justiciable cause of action and thereby occasions a grave miscarriage of justice.
Sylva also said Justice Okorowo erred in law when he wrongly conferred, allowed and adjudicated on the matter as the person who filed the suit had confessed that he did not participate in the primary election that produced him as the governorship candidate of the APC.
In addition, the former governor 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 a fair hearing as guaranteed by the 1999 Constitution.
While no date has been fixed for the hearing of the appeal, the Bayelsa chapter of APC has also assured that the judgment of the Federal High Court was a blip that cannot stop its landslide victory at the November governorship election.
The party claimed Kolomo said the suit was a “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.”
It remains to be seen if Sylva will realise his ambition of returning to the Bayelsa State Government’s House for another term of office.
