The Appeal Court in Abuja has reversed the judgment of the Federal High Court, which disqualified the candidate of the All Progressives Congress, APC, Timipre Sylva from contesting in the November 11 Bayelsa State governorship election.
The Federal High Court had earlier on October 9, disqualified Mr Sylva as the APC candidate in the forth coming Governorship election on the grounds that he was not eligible to take part in the election, having taken the oath of office twice and ruled for five years as governor of Bayelsa.
In a judgement on Tuesday, the Appeal Court held that the respondent Mr. Demensuoyefa Kolomo is a meddlesome interloper having not contested in the party’s primaries.
The Appallet court held that, Kolomo lacks the legal rights to institute the matter as he was not an aspirant the election that produced Sylva.
On jurisdiction, the appeal Court held that, it lacked the jurisdiction to entertain the matter because the respondent (Kolomo) lacks locus standi to challenge Sylva’s qualification.
“You cannot put something on nothing and expect it to stand” the court held,” it said.
A member of the APC, Demesuoyefa Kolomo had, in the suit filed on 3 June, prayed the court to delete Mr Sylva’s name from the list of candidates vying for the election, having taken an oath of office twice as governor.
Mr Kolomo claimed the matter was a public interest action and that it was based on sections 180 and 182 that the suit was filed.
Mr Sylva who was a former Governor of Bayelsa State and former Minister of State for Petroleum Resources argued that he only spent six months, three weeks and two days based on his first oath of office, before the election was nullified.
Sylva wondered why the trial court would have given judgement in Mr Kolomo’s favour, having not participated in the primary election that produced Mr Sylva as an aspirant in accordance with Section 285.
He submitted that Mr Koloma lacked locus to institute the suit, hence, it ought to have been dismissed.
Dissatisfied with the Federal High judgment, Sylva approach the appeal Court where justice Binta Zubairu reversed the judgment of the Federal High court.
With this judgment, Sylva can now continue with his campaigns ahead of the November 11 Bayelsa Governorship election.
Speaking in an interview, counsel to Olawale Balogun and Nigerian Ambassador to Argentina Philip Ikosie described the judgement as welcome development to democracy and the people of Bayelsa state.
They called on INEC to heed to the judgment and return the name of Sylva back to the register as the APC candidate.
Confidence Okwuchi
