As the off-cycle election for the governorship seat of Bayelsa State draws closer, the Court of Appeal in Abuja is set to deliver judgement on the appeal by the All Progressives Congress (APC) Candidate, Chief Timipre Sylva.
The development has raised palpable apprehension amongst members of the APC and sympathisers of the party.
It could be recalled that a Federal High Court in Abuja had pronounced that the APC’s candidate was not qualified to contest the election billed for November 11th, 2023, having taken oath twice in 2007 and 2008.
A member of the APC had challenged the outcome of the party’s primary election which Chief Sylva won, insisting that he (Sylva) had taken oath twice as governor therefore ineligible to content because if he wins he must have taken oath thrice against the provisions of the 1999 Constitution as amended.
The pronouncement of the Federal High Court made Chief Sylva to approach the Court of Appeal.
In his appeal Chief Sylva wants the Appeal Court to reverse his disqualification, stressing that the plaintiff in the Federal High Court has no locus standi to challenge the outcome of the primary election since he wasn’t a participant in the primary contrary to the Electoral Act, 2022 as amended.
He is also asking the Appeal Court to dismiss the said suit because it was filed out of time, therefore is statute barred contrary to the Electoral Act of 2022 as amended.
The appeal court declined the application for a stay of execution as the appeal is billed for accelerated hearing, however took the appeal of Chief Sylva and the APC and set aside judgement for this week.
Speaking on the appeal, the Director of the Legal Services of the Sylva/Maciver Governorship Campaign Council, Barrister Stanley Damabide, said they are optimistic that justice will be served in the matter, adding that there is no cause for worry over the matter.
The legal luminary urged members of the APC and supporters to remain calm, noting that the name of Chief Timipre Sylva will be on the ballot for the election, because the judgement of Appeal Court will make a definite pronouncement on the matter.
It will be recalled that the Independent National Electoral Commission (INE), last week delisted the name of the APC candidate in obedience to the pronouncement of the Federal High Court.
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