Timipre Sylva Is On Our Plan As APC Candidate
OpenLife Nigeria reports that the Independent National Electoral Commission, INEC, has disclosed that there is no vacuum in the All Progressives Congress, APC, column on its register despite the disqualification of the APC candidate, Timipre Sylva.
Few days ago, a Federal High Court sitting in Abuja disqualified Mr. Timipre Sylva, the candidate of APC for the governorship election billed to hold in Bayelsa State on November 11.
The court, in a judgement that was delivered by Justice Donatus Okorowo, held that Sylva, who is the immediate past Minister of Petroleum Resources, was not eligible to participate in the gubernatorial contest having already spent five years in office as governor of the state.
The court stressed that since the 1999 Constitution, as amended, okayed a maximum tenure of eight years for a governor, should Sylva contest and win the impending election, he would exceed the constitutional threshold by spending a total of nine years in office.
Justice Okorowo held that uncontroverted evidence that was adduced before the court, established that Sylva had earlier taken the oath of office as Bayelsa state governor, on two occasions.
Relying on a Supreme Court decided case-law in Marwa Vs Nyako, the judge held that the constitution could not be stretched to elongate the statutory period that someone could serve as a governor in the country.
Consequently, the Justice declared that Sylva is not a valid candidate for the forthcoming Bayelsa state governorship poll.
The judgement followed a suit marked: FHC/ABJ/CS/821/2023, which was brought against Sylva by a chieftain of the APC in the state, Mr. Demesuoyefa Kolomo.
The plaintiff had in the suit he filed on June 13, prayed the court to among other things, determine: “Whether having regard to the indisputable fact that Sylva occupied the office of governor of Bayelsa from May 29, 2007, to April 15, 2008, and May 27, 2008, to January 27, 2012, he is qualified to contest and be elected for another four years term in view of section 180(2)(a) of the 1999 Constitution (as amended).”
Upon the determination of the legal question, the plaintiff sought a declaration that by virtue of Section 182(1)(b) of the 1999 Constitution (as amended), Sylva, was not qualified to contest the election to the office of the governor of Bayelsa on the APC platform or on any other political party’s platform in the election.
He further sought an order directing INEC to remove Sylva’s name from the list of the contestants into the office of the governor of Bayelsa on the APC platform or any other political party’s platform in the 11 November election or any other time for that matter as he was not qualified to contest the said poll.
The plaintiff told the court that he is not only a member of the APC, but also a registered voter in the state.
He averred that the ex-Minister was first elected to the office of governor on April 14, 2007 and assumed the said office on May 29, 2007, and was in the said office until April 15, 2008 when his election on April 14, 2007, was set aside by the court and he was removed from office.
Cited as 1st to 3rd defendants in the matter, were Sylva, the APC and the INEC, respectively.
However, the directive of the court to the Independent National Electoral Commission, INEC, to remove Sylva’s name from the list of candidates for the election, seems not to have been obeyed.
Speaking Tuesday morning on Arise TV, the Bayelsa State Resident Electoral Commissioner, REC, Obo Effanga, offered explanation.
When asked by the Arise TV anchor about what the commission is doing about the court order, Obo Effanga, clarified that “If there is any court judgement, it will be sent to INEC headquarters and they will take decision.
“At the moment, we have not received any communication from INEC Headquarters to change any candidate.
“For now, we are going ahead with the election plans inclusive Timipre Sylva as APC Candidate.
Nothing has changed, ” Effanga said.
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