Bayelsa Guber: Court restores Timipre Sylva as APC candidate 12 days to election

The Court of Appeal in Abuja has overturned the earlier decision to disqualify Chief Timipre Sylva, the All Progressives Congress (APC) candidate, from participating in the upcoming November governorship election. This ruling paves the way for his participation in the election, which is less than two weeks away.

The appellate court, in a judgment delivered on Tuesday, found that Justice Donatus Okorowo of the Federal High Court had made an incorrect decision in ordering Sylva’s removal as the APC candidate for the November 11th governorship election in Bayelsa State.

According to the judgment, the trial court made an error by assuming jurisdiction in the case because the plaintiff at the Federal High Court lacked the necessary standing to initiate the lawsuit, as they did not participate in the primary election that selected Sylva as the APC’s flag bearer for the upcoming election.

The appellate court emphasized that jurisdiction is a crucial issue in election matters, and since the lower court lacked jurisdiction from the beginning, all actions taken in the case are considered invalid.

Furthermore, the appellate court stated that if a judgment is delivered without jurisdiction, “no matter how sound” it may be, it is ultimately pointless.

As a result, the decision by Justice Donatus Okorowo, which invalidated Sylva’s participation in the November 11th governorship election, has been nullified by the appellate court. This means that INEC will need to reinstate Sylva as the APC candidate for the governorship election in Bayelsa State.

Justice Binta Zubairu, who delivered the leading judgment, also imposed a cost of one million Naira in favor of Sylva.