Appeal Court Clears Sylva for Bayelsa Guber Poll

The Court of Appeal in Abuja has overturned the earlier order that nullified the candidacy of Chief Timipre Sylva, the governorship candidate of the All Progressives Congress (APC) in Bayelsa State. The Federal High Court in Abuja had previously disqualified Sylva as the APC’s candidate in the forthcoming November 11 governorship election, citing concerns about the duration of his potential tenure.

The High Court’s ruling hinged on the interpretation of constitutional term limits, stating that Sylva’s election would result in him serving more than eight years as the state’s governor. This decision was influenced by the precedent set in the case of Marwa vs. Nyako at the Supreme Court, which emphasized that the constitution prohibits anyone from being elected governor more than twice. The parties involved in the suit concurred that Sylva had been elected to office twice, thus disqualifying him from running again.

The suit, with the number FHC/ABJ/CS/821/2023, was filed by Deme Kolomo, a member of the APC, on June 13, 2023. In response to the court’s ruling, the Independent National Electoral Commission (INEC) had initially excluded Sylva’s name, as well as that of his running mate, Joshua Maciver, from the list of candidates for the November 11 election, labeling it as “Court order.”

This development had left APC supporters in a state of uncertainty, drawing parallels to the party’s previous experiences in the 2019 governorship election when it was prevented from governing the state after emerging victorious.

However, the situation took a decisive turn as Justice Binta Zubairu, presiding over the Court of Appeal, declared that the lower court had wrongly assumed jurisdiction in the matter. The court argued that the plaintiff at the Federal High Court, Deme Kolomo, lacked the necessary locus standi to initiate the lawsuit since he had not participated in the primary election that produced Sylva as the candidate.

Emphasizing the fundamental importance of jurisdiction in election matters, the appellate court determined that the lower court’s actions were a nullity. The appellate court’s ruling ultimately nullified the earlier decision and reinstated Chief Timipre Sylva as the APC’s governorship candidate for the Bayelsa State election.