Bayelsa APC plans to file an appeal after Sylva’s disqualification

On Monday, Justice Donatus Okorowo declared that allowing Sylva to run again would violate the 1999 Constitution as modified.

The Federal High Court’s decision disqualifying Timipre Sylva, the APC’s candidate in the upcoming governorship election, has been appealed, according to the All Progressives Congress (APC) in Bayelsa State.

Having been sworn in twice and serving five years as the state’s governor, Justice Donatus Okorowo determined on Monday that Sylva would violate the 1999 constitution as amended if given the opportunity to run again.

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Perry Tukuwei, the party’s director of media and publicity for the APC Bayelsa Governorship Campaign Council, released a statement on Tuesday in which he contended that the PDP’s lawsuit violated the Electoral Act.

The Federal High Court’s decision will be overturned by the Court of fight, the Party stated, adding that it has instructed its attorneys to fight the ruling.

“Don’t worry, dear Bayelsans! The determination to elect Chief Timipre Sylva as the next governor of Bayelsa State should not be shaken by the PDP’s covert plan.

See the full statement below:

The Bayelsa All Progressives Congress Gubernatorial Campaign Council has re-assured Bayelsans of a landslide victory at the November 11, 2023 governorship elections and subsequent swearing in of its Governorship candidate, Chief Timipre Sylva on February 14, 2024.

This reassurance is coming on the heels of a judgement which has the Peoples Democratic Party and its candidate written all over it by a Federal High Court in Abuja in an already failed bid to dash the hopes of Bayelsans to have their preferred candidate, Chief Timipre Sylva as the next helmsman at Creek Haven by February 14, 2024.

Sections 29 and 84 of the 2022 Electoral Act states 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 All Progressives Congress 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 the 12th of May 2023. Thus, the case was filed outside the constitutional prescribed 14 days thereby making the case statute barred. It is surprising to the party and Bayelsans that the court ignored the fact that the plaintiff lacked the locus standi to sue and went ahead to give judgement in their favour.

Additionally, there is a practice directive by the Supreme Court that all pre-election matters be heard in the state where the primaries took place. To perfect their sinister act, the case was filed in Abuja. Is Abuja, Bayelsa?

Subsequently, the Bayelsa All Progressives Congress can smell the coffee and sinister move by Governor Douye Diri to go through the back door which is his usual practice having realized that our governorship candidate Chief Timipre Sylva is coasting home to victory already following unrivaled acceptance in the eight local government areas of the state.

The Party has briefed its lawyers to appeal the judgement and it is confident that the Court of Appeal will overturn the judgement of the Federal High Court.

Our dear bayelsans, fear not! This clandestine strategy by the PDP should not deter the resolve to elect Chief Timipre Sylva as the next Governor of Bayelsa State.

We will win.