A Federal High Court in Abuja has adjourned the judgment in a suit seeking the disqualification of Mr. Timipre Sylva from contesting the Bayelsa governorship election until Tuesday. The court fixed September 26 for judgment after it was unable to proceed with the case due to the absence of Justice Inyang Ekwo.
The suit, marked FHC/ABJ/CS/575/2023, was filed by Mrs. Ogbomade Johnson, an All Progressives Congress (APC) aspirant for the Bayelsa governorship election. The suit was filed against Sylva, the immediate-past Minister of State for Petroleum, as well as the APC and the Independent National Electoral Commission (INEC).
Background of the Suit
Mrs. Johnson sought an order of mandatory injunction compelling INEC to delist the names of the APC and Sylva from the lists of political parties and candidates for the November election. She also prayed for an order of perpetual injunction restraining Sylva from parading himself as the APC’s governorship candidate in Bayelsa.
In addition, Mrs. Johnson sought a declaration that the APC was obligated to conduct the primary election in Bayelsa in accordance with the provisions of the Electoral Act, 2022, and the regulations and guidelines of the party. She argued that the APC had no candidate for the election due to the conduct of the primary poll on April 14, which she claimed contravened the Electoral Act and the party’s regulations and guidelines.
Sylva’s Defense
In a counter affidavit, Sylva stated that he was qualified to contest the Bayelsa governorship election and did not suffer from any disqualifying factor. He emphasized that he had only served as the governor of Bayelsa once and had emerged as the APC’s candidate after winning the primary election.
Sylva’s defense outlined that the primary election was conducted in accordance with the guidelines set by the APC, the Electoral Act 2022, and the party’s constitution. The results of the primary, in which Sylva received the majority of the votes, were accepted by the party and congratulatory messages were sent to him from major APC stakeholders in the state.
APC’s Countering Arguments
The APC, in its counter affidavit, asked the court to dismiss the suit. It argued that the judgment of the Supreme Court delivered on January 27, 2012, in a consolidated appeal supported Sylva’s bid for a second term in office and not against it, as claimed by Mrs. Johnson.
The party also stated that the direct primary poll was conducted by its national body in accordance with the guidelines, the Electoral Act, and the party’s constitution. INEC monitored the poll and issued a report on its conduct. The appeal against the primary election result was rejected by the APC’s Appeals Committee as unmeritorious.
In addition, the APC pointed out that Mrs. Johnson failed to provide the list of her agents in all the electoral wards in Bayelsa as requested by the party. It also highlighted the fact that she did not vote in her electoral ward.
The judgment on this matter, which could potentially impact the upcoming Bayelsa governorship election, has been rescheduled for Tuesday. As the court decides on the fate of Timipre Sylva’s candidacy, political tensions in the state are likely to intensify.
