Court Disqualifies Bayelsa APC Governorship Candidate, Timipre Sylva, Ahead of November Poll

In a significant development ahead of the November 11th governorship election in Bayelsa State, Justice Donatus Okorowo of the Federal High Court, Abuja, has delivered a judgement disqualifying the All Progressives Congress (APC) candidate, Timipre Sylva.

Justice Okorowo’s ruling, issued on Monday, cited a violation of the 1999 Constitution as amended, and a breach of the Supreme Court’s precedent in the case of Marwa vs. Nyako. The judge argued that Sylva, who had previously been sworn in twice and ruled for a total of five years as the governor of Bayelsa, would exceed the constitutionally mandated two-term limit if allowed to contest again.

Furthermore, Justice Okorowo pointed out that allowing Sylva to run and potentially win would result in him spending more than eight years in office as the governor, which contradicts the constitution’s provisions.

Referring to the Marwa vs. Nyako case, Justice Okorowo emphasized that the drafters of the constitution intended to limit the number of times an individual could be voted into the office of governor to two terms. He stated that this ruling aimed to prevent the expansion of the constitution or its scope.

In response to the disqualification, the APC Campaign Council, represented by Director Media and Publicity, Perry Tukuwei, dismissed the challenge against Timipre Sylva’s eligibility, arguing that the person who filed the suit, Chief Demesuoyefa Kolomo, lacked the “locus standi.” Tukuwei referred to Sections 29 and 84 of the 2022 Electoral Act, which stipulated that only individuals who contested a political party’s primaries had the standing to challenge the qualification of the party’s candidate in an election.

The suit, numbered FHC/ABJ/CS/821/2023, was filed on June 13, 2023, by Deme Kolomo, a member of the APC who did not participate in the party’s governorship primaries.