The Court of Appeal in Abuja has set aside the October 9 judgment given by Justice Donatus Okorowo of the Federal High Court, Abuja nullifying the nomination of Timipre Sylva as the candidate of the All Progressives Congress (APC) in the Bayelsa State governorship election scheduled for November 11.
A three-member panel of the appellate court held, in a judgment on Tuesday, October 31, that the Federal High Court, Abuja lacked the jurisdiction to have heard and determined the case filed by
Demesuoyefa Kolomo, who described himself as a registered voter and a member of the APC.
The court held that having not been an aspirant, who participated in APC’s governorship primary, Kolomo lacked the locus standi to approach the court to challenge the nomination of the party’s candidate.
In the judgment read by Justice Binta Zubairu, the court held that since Kolomo was not an aspirant and did not participate in the primary from which Sylva emerged as APC’s candidate, he cannot be clothed with the requisite locus standi as provided under sections
Whether the he has locus 285(14) of the Constitution and 29(5) of the Electoral Act 2022.
The court added that from the provision of the law, one must be an aspirant, who participated in a primary before he can challenge the conduct of outcome of the primary in relation to the qualification of the candidate nominated of the selection process.
It found that Kolomo failed to establish he was an aspirant in the APC primary and , as such, clothed with the requisite locus standi to institute the action on which the judgment disqualifying Sylva was given.
She said: “Having held that the 1st respondent is not an aspirant, he lacked the locus standi to have instituted the matter under whatever guise before the lower court.
“Where a party lacked the locus standi to institute a case, the court has no jurisdiction to entertain and determine it, Justice Zubairu said and proceeded to hold that the Federal High Court in Abuja was without jurisdiction to have heard the case.”
She proceeded to set aside the Federal High Court judgment, allowed the appeal filed by Sylva and granted all the reliefs sought.
The court also awarded N1million cost in favour of Sylva.
The judgment was on the appeal marked: CA/ABJ/CV/1061/2023 filed by Sylva, with Kolomo, the APC and the Independent National Electoral Commission (INEC) as respondents.
Kolomo had, in his suit, marked:FHC/ABJ/CS/821/2023 sought, among others, Sylva’s disqualification on the grounds that he had been sworn in as governor of Bayela on to deferent occasions – 2007 and 2008.
In his October 9 judgment, Justice Okorowo held among others, that Sylva, having been sworn in twice and served for five years as governor of Bayelsa, will breach the Constitution should he be allowed to contest again.
Justice Okorowo declared that Sylva was not qualified to contest the November election because if he wins and is sworn in, he would spend more than eight years in office as governor of the state.
Relying on the Supreme Court’s decision in the case of Marwa vs Nyako, the judge held that the drafters of the Constitution stated that nobody should be voted for as governor more than twice and that the parties to the suit agreed that Sylva was voted into office two times.
While arguing the appeal on October 27, lawyers to Sylva and the APC – Akinlolu Kehinde (SAN) and K. O. Balogun fualted Justice Okorowo’s position on Sylva’s qualification.
Balogun argued that it was wrong for the trial court to have entertained the suit by Kolomo because he lacked the locus to have approached the trial court.
He faulted the decision of Justice Okorowo, to the effect the Sylva took oath of office twice as Governor of Bayelsa State.
Balogun said: “In 2007 he (Sylva) was elected the Governor of Bayelsa State, but within eight months, the Court of Appeal (which was then the final court for governorship election petition) sacked him.
“He contested again in 2008 and won. The eight months that he earlier spent in office was nullified, so he could not have said to have spent that with months because it was voided by the court.
“What he (Kolomo) is doing is fighting a proxy war. He cannot be a member of the APC and be fighting to destroy its candidate and chances at the election.
“What the 1st respondent (Kolomo) is asking this court to do is to deem the nullified eight months as 4 years,” Balogun said.
In another judgment on Tuesday, the same Court of Appeal allowed a similar appeal filed by the APC to challenge Sylva’s disqualification.
The court granted all the reliefs sought in the appeal marked: CA/ABJ/CV/1060/2023 and equally awarded N1m cost in favour of the appellant.
