Bayelsa Gov Poll: Court declines to disqualify Sylva as APC candidate

The Federal High Court sitting in Abuja, on Tuesday, refused to disqualify the former Minister of state for Petroleum Resources, Timipre Sylva, from contesting the forthcoming governorship election in Bayelsa state as the candidate of the All Progressives Congress, APC.

The court, in a judgement that was delivered by Justice Inyang Ekwo, dismissed the suit that was brought against Sylva by an aggrieved chieftain of the party, Isikima Johnson.

It held that the plaintiff failed to by way of credible evidence, establish why Sylva, who is a former governor of the state, should be barred from participating in the gubernatorial poll scheduled to hold in November. Justice Ekwo held that nothing was adduced before the court to prove that Sylva did not emerge as a flag bearer through a lawful primary election conducted by the APC.

He stressed that an uncontroverted report that was produced by the Independent National Electoral Commission, INEC, confirmed that the primary poll was validly conducted and also monitored by the electoral body as required by the law. The court said it found no reason to place any probative value on documents the plaintiff presented before it as reports from the police to show that no primary election was held in the state by the APC.

Describing the purported police reports as worthless and products of illegality, Justice Ekwo held that no law mandated police to validate primary elections conducted by political parties.

More so, he noted that the said reports were not on police letterhead papers to give it semblance of originality.

The court held that the duty of police during the election was to provide security for both the electoral materials and voters.

More so, it held that most of the documents brought by the plaintiff were done through the back door and in total disregard to the laid down rules and procedures.

The court held that the suit had equally become statute barred since it was not instituted within 14 days after the said primary election was held, adding that the action had become academic.

“In all, I find the case of the plaintiff to be weak having not been established by preponderance of evidence as required by law.

“In the same vein, the case of the plaintiff, having been demolished by overwhelming exhibits tendered by the respondents, has no legs to stand upon in the face of law.

“I, therefore, make an order, dismissing this case and it is hereby dismissed for lacking in merit. I so hold,” Justice Ekwo added.

Cited as respondents in the suit were the APC, INEC and Sylva.

Specifically, the plaintiff, had in the Originating Summons he brought before the court, alleged that Sylva emerged through an illegal primary election that was done in breach of APC’s guidelines.

He further contended that the APC candidate was not legally qualified to participate in the impending election, alleging that he had been elected into the governorship position, twice.

According to the plaintiff, Sylva, had already taken oath of office and oath of allegiance twice.