Prior to the state’s election on November 11, the Bayelsa State Elders Forum disputed the Federal High Court’s decision dismissing Timipre Sylva, the APC’s candidate for governor.
The elders claimed that the presiding judge erred in point of law in his ruling, which was based on the claims that Sylva had taken the oaths of office as a governor twice and was no longer eligible to run for the governorship ticket of his party. The elders’ statement was signed in Yenagoa by its Chairman, Chief Michael Adomokeme.
As much as we respect the court as the last refuge of our democracy, Adomekeme said, “We are compelled to point out that our governorship candidate had only taken one oath of office recognised by the law as the first one referred to by the judge had been void by a court of competent jurisdiction.
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“Yes, as you may remember, the court invalidated Sylva’s first term election in 2007, along with the oath he took to be sworn in as governor. He also won the election in 2008, which was held after it was ruled to be extra vires and without legal standing.
“The first election and the oath of office were no longer valid due to the court’s annulment of the first poll and invalidation of that oath. Because you cannot create something from nothing in the perspective of the law, the first oath never existed. The only oath that our candidate has thus far taken that is recognised by the law is the one from 2008.
Adomekeme stated that the hierarchy of courts in the legal system exists because judges are still fallible, imperfect people who occasionally make mistakes in their rulings.
“We think the court of appeal will treat this matter fairly,” he said. Already, we applaud the speed with which our party’s legal team filed an appeal of the decision and a stay of execution of the judgement, which we consider to be an injustice.
“We think the court wouldn’t let what happened in 2019—where an unpopular candidate was imposed on our people against their will—happen again.
“Sylva is qualified to run for office in accordance with the language and spirit of the law since once a situation has been declared invalid by a court, it remains declared invalid, is regarded as being dead, and no longer has any bearing on current events. The people of Bayelsa must be permitted to cast their votes for the candidates they like without maliciously harming those candidates’ chances.
Adomekeme asked the People’s Democratic Party and its candidate Governor Douye, whom they identified as the key sponsors of the litigation, to quit their wishful thinking of relying on the courts to continue in power and prepare for the election. He described the development as a temporary setback.
“We know they are anxious, which is why they are cunningly looking for assistance in courts. This one is a failure since it cannot hold up. The people’s will must prevail, so Governor Douye Diri must go face his defeat at the polls, they stated.
He pleaded with the thronging APC members, Bayelsans, and other stakeholders not to be deterred by the judgement or what they regarded as its purpose.
“Be not disheartened. The situation from 2019 won’t repeat itself. Their primary goal was to subdue your zeal with his initial ruling because they knew it will be overturned on appeal. A brighter Bayelsa beckons, so we urge you to remain steadfast and unified,” he stated.
