The Federal High Court, Abuja, has disqualified the All Progressives Congress, APC, governorship candidate, Chief Timipre Sylva from contesting the November 11 election in Bayelsa State.
The suit number FHC/ABJ/CS/821/2023 was filed on June 13, 2023, by Deme Kolomo, a member of the APC.
Justice Donatus Okorowo ruled that Sylva, having been sworn in twice and ruled for five years as governor of the state, would breach the 1999 constitution as amended if allowed to contest again.
The judge also declared that Sylva was not qualified to run in the November poll because if he wins and is sworn in, he would spend more than eight years in office as governor.
Citing the case of Marwa vs Nyako at the Supreme Court, Okorowo noted that the drafters of the country’s constitution stated that nobody should be voted for as governor more than two times and that the parties to the suit agreed that Sylva was voted into office two times.
He further stated that the Supreme Court ruled in the case of Marwa vs Nyako that nobody can expand the constitution or its scope, stressing that if Sylva was allowed to contest the next election, a person could compete as many times as he wanted.
Recall that Mrs Johnson Ogbomade, an APC aspirant for Bayelsa governorship election, in the suit dated April 24 but filed April 27 had sued APC, Independent National Electoral Commission, INEC, and Sylva as 1st to 3rd respondents respectively.
She prayed the court for an order of mandatory injunction compelling INEC to delist the names of APC and Sylva from among the list of political parties and candidates for the November election.
However, Justice Inyang Ekwo, in a judgment, held that the plaintiff, Mrs Johnson failed to prove the case upon preponderance of evidence as required by law.
There was no immediate response to the latest court verdict from Sylva and the APC at press time.
