BAYELSA GUBER POLL: APPEAL COURT STRIKES OUT SYLVA’S MOTION SEEKING TO STOP JUDGEMENT EXECUTION
The Court of Appeal in Abuja has struck out the motions by the All Progressives Congress (APC) and Timipre Sylva seeking to stay execution of the judgment nullifying their candidature in the November 11 Bayelsa State governorship election.
According to Daily trust report, Sylva filed the appeal and stay of execution following the judgement of a Federal High Court in Abuja which barred him from contesting as the APC candidate because he has served twice as governor.
Justice William Daudu, one of three justices on the court, unanimously dismissed the motions as being without merit.
Because Sylva would serve as governor of the state for more than eight years if he were to win and take office, the top court had ruled that he was ineligible to run in the election scheduled for November.
Referencing the Marwa v. Nyako case before the Supreme Court, the court determined that the parties to the lawsuit acknowledged Sylva’s two votes for governor, in accordance with the nation’s constitution, which prohibits anyone from being elected more than once.
It also said that no one can amend or broaden the scope of the constitution, as decided by the Supreme Court in the Marwa v. Nyako case. Thus, Sylva’s permission to run in the upcoming election implies that an individual is free to run for office as often as they choose.
Deme Kolomo, an APC member, filed suit on June 13, 2023, with the case number FHC/ABJ/CS/821/2023.
The Independent National Electoral Commission (INEC) removed Sylva’s and his running mate Joshua Maciver’s names from the list of candidates for the November 11 exercise based on the court’s decision.
The APC candidate’s name and his ruining partner’s name were left blank in the list signed by Rose Oriaran-Anthony, the Secretary to the Commission, with the notation, “Court order.”
The APC’s followers are already uneasy about the situation; many have drawn comparisons to the way the party was kept out of power after winning the 2019 governorship race.
The APC’s nominee for governor in 2019, David Lyon, was about to take the oath of office after winning the race. However, the Supreme Court threw out his victory, citing the submission of falsified documents to INEC by his running mate.
After four years, Lyon attempted to secure the APC ticket, but Sylva overtook him.