By Ken Afor
Barely ten days to the November 11 governorship in Bayelsa State, the Court of Appeal in Abuja on Tuesday, reversed the judgment of the Federal High Court, Abuja nullifying the nomination of Timipre Sylva as the candidate of the All Progressives Congress (APC).
In a judgment delivered by a three-member panel of the appellate court held, the Federal High Court, Abuja lacked the jurisdiction to have entertained heard and determined the case filed by Demesuoyefa Kolomo, who claimed to be a registered voter and a member of the All Progressives Congress (APC).
The court ruled that Kolomo was not a mayoral candidate for the APC governorship and therefore had no standing to go to court to challenge the party’s nomination.
The Federal High Court subsequently overturned the decision, allowed Silva’s appeal and granted all the relief requested.
The court also awarded Silva one million naira in damages.
In a separate ruling, the court upheld a similar suit filed by APC on the same matter and awarded N1 million damages to APC.
It would be recalled that last Tuesday the Independent National Electoral Commission (INEC) in its amended candidate’s lists for the Bayelsa poll excluded Slyva and his running mate, Joshua Maciver for the November 11 election.
In a statement by Rose Oriaran-Anthony, Secretary to the Commission, she explained that the electoral umpire acted on a court order regarding the APC candidate for the Bayelsa governorship election.
She stated that “By virtue of the provision of Section 287 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Commission is bound to enforce the orders of the court on the nomination of candidates by political parties in the state.
“The Amended list of candidates in respect of the 2023 Bayelsa State governorship election is hereby amended pursuant to the orders of court served on the commission,” Oriaran-Anthony said.
Tuesday’s ruling by the appellate court reignites the contest between Silva, a former governor of the state and the incumbent, Douye Diri.
It could be recalled Governor Diri had boasted that Sylva will not win the election because of his disqualification but with the decision of the court on Tuesday the election will be tough as both candidates will have to put their popularity to test.
