Ten witnesses have been shortlisted to appear against the Deputy Governorship candidate of the All Progressive Congress,APC, in Bayelsa, Great Joshua Maciver in the suit challenging his eligibility to contest the November 11 elections in the state.
Kuroiyedoughe Elijah Leizou Esq, Counsel to the Governorship aspirant of the All Progressives Congress, APC, Mrs. Isikima Ogbomade Johnson, who is challenging the eligibility of the party’s deputy governorship candidate, Joshua Maciver, for the November 11 polls at the Federal High Court sitting in Yenagoa, announced that 10 witnesses will be presented to prove his case.
While counsels to the All Progressive Congress,APC, Sylvester Elema, SAN announced that they have two witnesses to counter the prosecution.
While Sammie Somari, SAN, Counsel to the 2nd and 3rd respondents, Chief Timipre Sylva and Chief Joshua Maciver, respectively announced an appearance of two more witnesses in the suit. INEC however announced that they have only one witness.
Sylvester Elema, SAN, standing in for the All Progressives Congress, APC, 1st defendant, also told the court of it’s client’s decision to withdraw it’s earlier statement of defence filed dated 12th of September, 2023 and filed on the 14th of September,2023.
He however replaced the withdrawn statement of defence with another filed on the 28th of September, 2023.
A move not opposed by the plaintiff counsel, Leizou Elijah Esq.
The presiding judge, Justice Olaide Quadri, at the resumption of sitting on the suit marked FHC/YNG)/114/2023, after hearing from the counsels adjourned till October 3rd for explicit hearing.
He also urges the counsels to file all needed motions and statemtnof defence. He said the hearing of the suit will be accelerated and may take early mornings between sitting between 7am and 10am to allow the court attend to others pending cases.
Justice Olaide Quadiri however adjourned for definite hearing till October 3rd, 2023.
Speaking with newsmen after the court sitting, Sylvester Elema, SAN, standing in for the All Progressives Congress, APC/1st defendant, said the case is a pre-election action,” from the plaintiff alleging that the Deputy Gubernatorial candidate of the APC, was not validly nominated because he was an ex-convict and didn’t benefit from the Presidential Amnesty programme but we have abundant evidence to show it’s not true”.
“This is just a waste of time, because even the action was file out of time contrary to the provisions of pre-election party direction to file within fourteen days but was filed more than thirty days.We expect that the plaintiff will bring their witnesses on the adjourned date if they have any”.
Also speaking, Sammie Somari, SAN, counsel for the 3rd and 4th defendant, Chief Timipre Sylva, and Chief Joshua MacIver, said though the court has adjourned the case for definite hearing on the 3rd, 4th, and 5th, “we will not want to prempt the court. With what they have done so far they are just on a time wasting exercise, but nevertheless we wait for them to put in their evidence and we will confront them with what they have brought for the judge to rule”
“Earlier, they filed two matter on this same point simultaneously, one before the High court Abuja, and the here in Yenagoa. The first was dismissed because it was filed out of time against what section 285 of the constitution provides. And since they were both filed simultaneously the same way the first was thrown out, this will also not see the light of the day.”
Mrs. Isikima Ogbomade Johnson, the Governorship aspirant of the APC in the suit before the Court is contending that Maciver was allegedly convicted of murder and terrorism by a court of competent jurisdiction in 2006, and as such he was not qualified to be the running mate to the APC governorship candidate, Timipre Sylva.
She is also arguing that Maciver allegedly lied on oath when he declared that he was not an ex-convict when he filled out his form by the Independent National Electoral Commission.