BAYELSA POLL: COURT OF APPEAL REVERSES TIMIPRE SYLVA’S DISQUALIFICATION
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The Court of Appeal in Abuja has overturned the decision to revoke Chief Timipre Sylva’s candidature from the All Progressives Congress (APC).
The lead judge, Justice Binta Zubairu, ruled that Justice Donatus Okorowo of the Federal High Court erred in his decision to order Sylva’s removal from the APC’s Bayelsa State governorship campaign on November 11.
The plaintiff at the Federal High Court lacked the requisite locus standi to initiate the suit in the first place, the court claims, since she did not take part in the primary election that resulted in Sylva being the APC’s nominee for the upcoming election. Therefore, the trial court erred in assuming jurisdiction over the case.
The appellate court ruled that since the lower court lacked jurisdiction to begin with, all proceedings in the case are deemed void. The court noted that jurisdiction is a crucial consideration in any electoral proceeding.
Furthermore, the appeal court said that “no matter how sound” a judgement may be, “it is an exercise in futility” if it is determined to have been rendered without jurisdiction.
Subsequently, the appellate court overturned Justice Donatus Okorowo’s ruling, rendering Sylva’s participation in the November 11 election illegal.
In light of this ruling, Sylva will need to be relisted by the Independent National Electoral Commission (INEC) as the APC’s candidate for governor of Bayelsa State.
Justice Zubairu also awarded a cost of N1 million in favour of Sylva.
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