Sylva’s Disqualification: We’re Heading To Appeal Court – APC

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The Bayelsa State chapter of the All Progressives Congress (APC), has said that it has resolved to appeal the Federal High Court in Abuja judgement that disqualified its governorship candidate for the November 11, election in the State.

This was contained in a statement on Tuesday by Perry Tukuwei, Director of Media and Publicity of the APC Bayelsa Gubernatorial Campaign Council, in which he said that the Party has already briefed its lawyers to commence appeal proceedings against the judgement.

A Federal High Court sitting in Abuja and presided over by Justice Donatus Okorowo in a judgement delivered on Monday, October 9, 2023, disqualified Chief Timipre Sylva from contesting the scheduled November 11 Governorship election in Bayelsa State.

The Court held that Sylva having been sworn in twice and ruled for five years as governor of Bayelsa would be breaching the provisions of the 1999 Constitution (as amended) if allowed to contest again.

However, Tukuwei expressed assurance that the Court of Appeal will overturn the judgement of the Federal High Court, saying that the High Court judgement has the Peoples Democratic Party and its candidate written all over it.

He said that the Federal High Court ruling was failed bid to dash the hopes of Bayelsa people to have their preferred candidate, Chief Timipre Sylva as the next governor at the Creek Haven by Feb. 14, 2024.

The Bayelsa APC further said; “Sections 29 and 84 of the 2022 Electoral Act state that only persons who contested primaries of a political party that has the locus standi to file a pre- election matter to challenge the qualification of the party’s candidate in any election hence the suit filed by one Chief Demesuoyefa Kolomo who is not a member of the APC and didn’t contest our party’s governorship primaries do not have the locus standi to sue in the matter.

“Section 285 of the 1999 Nigerian constitution enjoins any aggrieved party to file a or election matter within 14 days of the occurrence of the event but this case was filed on the 13th of June 2023 whereas INEC published the names of the governorship candidates for Bayelsa, Imo and Kogi on May 12.

“Thus, the case was filed outside the constitutional prescribed 14 days thereby made the case statute barred. It is surprising to the party and Bayelsa people that the court ignored the fact that the plaintiff lacked the locus standi to sue and went ahead to give judgement in their favour,” he explained.

The APC Campaign spokesman noted that the suit was contrary to a directive by the Supreme Court that all pre-election matters be heard in the state where party primaries were held.

In his words; “To perfect their sinister act, the case was filed in Abuja. Is Abuja Bayelsa? The Bayelsa APC can smell the coffee and sinister move by Governor Douye Diri to go through the back door which is his usual practice having realised that our governorship candidate is coasting home to victory already following unrivalled acceptance across the state”.

He however said that the clandestine strategy by the PDP would not deter the resolve of Bayelsa people to elect Sylva as their next Governor.

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