BAYELSA GUBER RACE: Sylva now to contest, as Appeal Court reverses judgement

The Court of Appeal in Abuja, on Tuesday, overturned the decision that dismissed Chief Timipre Sylva’s candidature from the All Progressives Congress (APC).

The lead judge, Justice Binta Zubairu, ruled that Justice Donatus Okorowo of the Federal High Court erred in his decision to order Sylva’s removal from the APC’s Bayelsa State governorship campaign on November 11.

The plaintiff at the Federal High Court lacked the requisite locus standi to initiate the suit in the first place, the court said, since she did not take part in the primary election that resulted in Sylva being the APC’s nominee for the upcoming election. Therefore, the trial court erred in assuming jurisdiction over the case.

The appellate court said the issue of jurisdiction is fundamental in an election matter, and since the lower court had no jurisdiction in the first place, all actions taken in the matter are declared a nullity.

READ ALSO: Bayelsa election: Appeal Court reserves ruling in Sylva’s appeal

Furthermore, the appeal court said that “no matter how sound” a judgement may be, “it is an exercise in futility” if it is determined to have been rendered without jurisdiction.

Subsequently, the appellate court overturned Justice Donatus Okorowo’s ruling, rendering Sylva’s participation in the November 11 election illegal.

In light of this ruling, Sylva will need to be relisted by the Independent National Electoral Commission (INEC) as the APC’s candidate for governor of Bayelsa State.

Additionally, Sylva was granted a N1 million cost award by Justice Zubairu.

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