A federal high court in Abuja, presided over by Justice Inyang Eden Ekwo, has dismissed a lawsuit that sought the disqualification of former Petroleum Resources Minister, Timipire Sylva, from contesting the November governorship election in Bayelsa State.
The lawsuit, which was brought against the All Progressive Congress (APC), Independent National Electoral Commission (INEC), and Sylva, was dismissed on the basis of lack of merit.
In his judgment on Tuesday, Justice Ekwo stated that the plaintiff, Hon Isikima Ogbomade Johnson, failed to substantiate the issues raised in the suit, which would have warranted Sylva’s disqualification from the governorship poll.
Among other things, the judge noted the plaintiff’s failure to establish the allegation that the APC did not conduct a lawful primary election that produced Sylva.
Justice Ekwo further stated that the independent report from INEC, which was uncontroverted, clearly showed that a valid primary election was conducted by the APC and duly monitored by the electoral umpire, as required by law.
The judge deemed the police reports tendered by the plaintiff, claiming that the APC did not conduct a primary election, as worthless and products of illegality. He noted that the police were not authorized by any provision of the law to act in favor of the plaintiff.
Justice Ekwo criticized the police reports for lacking the proper letterhead papers, thereby lacking authenticity. Furthermore, he emphasized that the role of the police in primary elections is to provide protection and ensure the safety of election materials and voters.
In addition, the court rejected the lawsuit due to its untimely filing, exceeding the 14-day limit from the occurrence of the subject matter. Consequently, it was considered an academic matter, and the court stated its reluctance to engage in such matters.
“In all, I find the case of the plaintiff to be weak, as it has not been established by a preponderance of evidence as required by law,” concluded Justice Ekwo.
The plaintiff had initiated the lawsuit by means of an originating summons, bringing the APC, INEC, and Sylva before the court, with the aim of securing an order disqualifying Sylva from participating in the forthcoming November governorship election in Bayelsa State.
The plaintiff’s grievances against Sylva were founded on his previous election to the governorship office twice, as well as taking the oath of office and oath of allegiance on two occasions. Additionally, he alleged that the primary election held on April 14, which produced Sylva as the candidate, was conducted in violation of the guidelines set by the APC.
