Appeal Court Again Dismisses Suit Against Sylva

Justice Binta Zubar has cleared Timipre Sylva of the All Progressives Congress (APC) to contest for the governorship election.

The court on Friday dismissed multiple suits aiming to bar Sylva from the race, solidifying his eligibility.

This judgment has paved the way for Mr Sylvia to contest less than 24 hours before the polls.

Background

The appeal was lodged by Hon Isikima Ogbomade Johnson at the Federal High Court seeking to disqualify Slyva from the upcoming November governorship election in Bayelsa State.

Her objections to Sylva were based on his two previous governorship terms and taking the oath of office and allegiance twice.

Additionally, she contended that the April 14 primary election that nominated Sylva was illegal, allegedly violating APC’s guidelines.

James Ogwu Onoja (SAN) argued against allegations of Sylva taking the oath of governorship office twice, emphasizing the previous invalidation of the first oath by competent courts.

Onoja provided compelling evidence supporting the legality of the APC’s April 14, 2023 primary election, asserting that all required legal procedures were followed.

He highlighted the Independent National Electoral Commission’s (INEC) monitoring report as crucial evidence affirming the validity of the primary election.

He noted that the appellant’s claims challenging Sylva’s candidacy and the legitimacy of the APC primary election, were deemed unfounded and brought in bad faith.

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Court’s Decision

Justice Zubar in delivering jugdement dismissed the appellant’s attempt to disqualify Sylva from the upcoming governorship election.

The initial claims, asserting that Sylva had been elected twice into the governorship office and that the April 14 primary election was illegal, were deemed baseless and lacking legal foundation.

Furthermore, the judge held that the appellant’s case was statute-barred, having been filed beyond the 14-day legal window for pre-election matters.

This decision echoes the Federal High Court’s earlier judgment, delivered by Justice Inyang Ekwo on September 26, which dismissed the suit for lacking merit and substance.

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