A Federal High Court in Abuja has disqualified the Bayelsa State All Progressives Congress (APC) candidate in the November 11 governorship election, Timipre Sylva.
The judgement, delivered on Monday by Justice Donatus Okorowo, ruled that Sylva having been sworn in twice and ruled for five years as governor of Bayelsa would breach the 1999 Constitution as amended if allowed to contest again.
The judge also declared that Sylva was not qualified to run in the November poll because if he wins and is sworn in, he would spend more than eight years in office as governor of the state.
Citing the case of Marwa vs Nyako at the Supreme Court, Okorowo noted that the drafters of the country’s 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.
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He further stated that the Supreme Court ruled in the case of Marwa vs Nyako that nobody can expand the constitution or its scope.
He said, “So if Sylva is allowed to contest the next election, it means a person can contest as many times as he wishes.”
The suit number FHC/ABJ/CS/821/2023 was filed on June 13, 2023, by Deme Kolomo, a member of the APC seeking the constitutional interpretation of the tenure of office of a governor.
Section 182 (1) (b) of the Nigerian Constitution, 1999, provides that “No person shall be qualified for election to the office of Governor of a State if (b) he has been elected to such office at any two previous elections.”
But despite the ruling, the APC Gubernatorial Campaign Council in Bayelsa State has re-assured the people of the state of a landslide victory at the November 11, 2023 governorship election and subsequent swearing-in of its governorship candidate, Chief Timipre Sylva come February 14, 2024.
The Director Media and Publicity of the campaign council, Perry Tukuwei, in a statement on Tuesday, said the person that filed the suit against Sylva’s victory at the primary was not even an aspirant in the primary or the party’s member hence lacked the locus standi to challenge the outcome of the exercise.
Tukuwei urged the people of the state and supporters of the party not to have any fear as their candidate will win the November 11 governorship election and be sworn in as the governor come February 14, 2024.
He said: “Sections 29 and 84 of the 2022 Electoral Act state that only persons who contested primaries of a political party have the locus 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 does not have the locus standi to sue in the matter.”
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