The Court of Appeal in Abuja has set aside the October 9 judgment given by Justice Donatus Okorowo of the Federal High Court, Abuja nullifying the nomination of Timipre Sylva as the candidate of the All Progressives Congress (APC) in the Bayelsa State governorship election scheduled for November 11.
A three-member panel of the appellate court held, in a judgment yesterday that the Federal High Court, Abuja lacked the jurisdiction to have heard and determined the case filed by
Demesuoyefa Kolomo, described himself as a registered voter and a member of the APC.
The court held that having not been an aspirant, who participated in APC’s governorship primary, Kolomo lacked the locus standi to approach the court to challenge the nomination of the party’s candidate.
In the judgment read by Justice Binta Zubairu, the court held that since Kolomo was not an aspirant and did not participate in the primary from which Sylva emerged as APC’s candidate, he cannot be clothed with the requisite locus standi as provided under sections. Whether he has locus 285(14) of the Constitution and 29(5) of the Electoral Act 2022.
The court added that from the provision of the law, one must be an aspirant, who participated in a primary before he can challenge the conduct of the outcome of the primary in relation to the qualification of the candidate nominated for the selection process.
It found that Kolomo failed to establish he was an aspirant in the APC primary and, as such, clothed with the requisite locus standi to institute the action on which the judgment disqualifying Sylva was given.
She said: “Having held that the 1st respondent is not an aspirant, he lacked the locus standi to have instituted the matter under whatever guise before the lower court.
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“Where a party lacked the locus standi to institute a case, the court has no jurisdiction to entertain and determine it, Justice Zubairu said and proceeded to hold that the Federal High Court in Abuja was without jurisdiction to have heard the case.”
She proceeded to set aside the Federal High Court judgment, allowed the appeal filed by Sylva and granted all the reliefs sought.
The court also awarded N1million cost in favour of Sylva. The judgment was on the appeal marked: CA/ABJ/CV/1061/2023 filed by Sylva, with Kolomo, the APC and the Independent National Electoral Commission (INEC) as respondents.
Kolomo had, in his suit, marked:FHC/ABJ/CS/821/2023 sought, among others, Sylva’s disqualification on the grounds that he had been sworn in as governor of Bayelsa on different occasions – 2007 and 2008.
In his October 9 judgment, Justice Okorowo held among others, that Sylva, having been sworn in twice and served for five years as governor of Bayelsa, would breach the Constitution should he be allowed to contest again.
Justice Okorowo declared that Sylva was not qualified to contest the November election because if he won and was sworn in, he would spend more than eight years in office as governor of the state.
Relying on the Supreme Court’s decision in the case of Marwa vs Nyako, the judge held that the drafters of the Constitution stated that nobody should be voted for as governor more than twice and that the parties to the suit agreed that Sylva was voted into office two times.
While arguing the appeal on October 27, lawyers to Sylva and the APC – Akinlolu Kehinde (SAN) and K. O. Balogun faulted Justice Okorowo’s position on Sylva’s qualification.
Balogun argued that it was wrong for the trial court to have entertained the suit by Kolomo because he lacked the locus to have approached the trial court.
He faulted the decision of Justice Okorowo, to the effect that Sylva took an oath of office twice as Governor of Bayelsa State.
Balogun said: “In 2007 he (Sylva) was elected the Governor of Bayelsa State, but within eight months, the Court of Appeal (which was then the final court for governorship election petition) sacked him.
“He contested again in 2008 and won. The eight months that he earlier spent in office was nullified, so he could not have said to have spent that within months because it was voided by the court.
“What he (Kolomo) is doing is fighting a proxy war. He cannot be a member of the APC and be fighting to destroy its candidate and chances at the election.
“What the 1st respondent (Kolomo) is asking this court to do is to deem the nullified eight months as 4 years,” Balogun said.
In another judgment on Tuesday, the same Court of Appeal allowed a similar appeal filed by the APC to challenge Sylva’s disqualification.
The court granted all the reliefs sought in the appeal marked: CA/ABJ/CV/1060/2023 and equally awarded N1m cost in favour of the appellant.
Earlier, the appellate court affirmed the judgment of the National and State Houses of Assembly Election Tribunal, which declared Natasha Akpoti Uduaghan of the People’s Democratic Party (PDP) as the validly elected Senator representing Kogi State Central Senatorial District.
The court also affirmed the tribunal’s nullification of Abubakar Sadiku-Ohere of the All Progressives Congress (APC) who was earlier returned by the Independent National Electoral Commission (INEC) as the winner of the election.
In the unanimous judgment, read by Justice Hamma Barka, the court held, among others, that Sadiku-Ohere failed to provide convincing evidence why the judgment of the tribunal should be reversed.
The appellate court, while dismissing Sadiku-Ohere’s appeal, was of the view that INEC, saddled with the responsibilities of conducting elections and collating the results, failed to provide reasons why the results of the elections in some Local Government Areas (LGAs) were rejected and excluded from the overall results announced after the conduct of the last National Assembly election in Kogi Central.
The judgment was on the appeal marked: CA/ABJ/EP/SEN/KG/35/2023 filed by Sadiku-Ohere.
INEC had declared Sadiku-Ohere winner of the February 25, senatorial election, a decision Akpoti-Uduaghan before the tribunal on the grounds that INEC failed to input results from Ajaokuta, Adavi and Okehi Local Government Areas, where she scored more votes.
The tribunal held in her favour and sacked Sadiku-Ohere, prompting the APC candidate to appeal to the Court of Appeal in Abuja.
The Court of Appeal also dismissed the appeal marked: CA/ABJ/EP/SEN/KG/57/2023 filed by INEC against the tribunal’s judgment.
The appellate court held that the appeal by INEC was of no utilitarian value and a mere waste of judicial time.
The court held that such an appeal from INEC, supporting a particular candidate, should be discouraged.
It further held that INEC ought to be an unbiased arbiter and proceeded to award N500,000 cost against the electoral umpire.
