The All Progressives Congress (APC) governorship candidate in the forthcoming November 11 Bayelsa election, Mr. Timipre Sylva, on Tuesday, filed an appeal against the judgement of a lower court disqualifying his candidacy.
Sylva, in a notice of appeal filed by his lawyer, Mr. Ahmed Raji (SAN), prayed the court to set aside the judgement.
Besides, the immediate-past Minister of Petroleum also filed a stay of execution of the judgement.
Justice Donatus Okorowo of a Federal High Court (FHC), Abuja, in a judgement he delivered Monday night, disqualified the APC candidate from contesting in poll.
Justice Okorowo had 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.
The judgement followed a suit filed by Mr. Deme Kolomo, an APC member in Bayelsa, praying the court to order the Independent National Electoral Commission (INEC) to delete Sylva’s name from list of candidates contesting the Nov. 11 governorship poll.
Kolomo argued that having occupied the office of governor of Bayelsa May 29, 2007 to April 15, 2008 and May 27, 2008 to Jan. 27, 2012, Sylva was not eligible to contest.
In a motion on notice dated October 10, Sylva prayed the court for “an order staying execution and/or further execution of the entire judgement and the orders contained in the judgement of the court, delivered on the 9th October, 2023, pending the hearing and final determination of the appeal lodged against the judgement 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.
Also in the appeal dated October 10, the ex-minister 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 occasions a grave miscarriage of justice.
He said the trial court had 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 had 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 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 and thereby breached his right to fair hearing as guaranteed by the 1999 Constitution.
No date has been fixed for the hearing of the appeal.
Raji, shortly after the appeal was filed, said the FHC judgement was against settled principles of law and notable precedents.
“The chances of success at the Appeal Court are very high,” he assured.
He said the appeal raised three fundamental issues touching on jurisdiction, locus standi and wrongful evaluation of affidavit evidence.
