APC TO APPEAL DISQUALIFICATION OF CHIEF TIMIPRE SYLVA FROM BAYELSA GOVERNORSHIP ELECTION 11-10-23
By Sadiq Aminu The All Progressives Congress in Bayelsa State says it will appeal the judgment of a Federal High Court in Abuja which disqualified its candidate Chief Timipre Sylva from contesting the November Eleven governorship election.
Chairman of the APC in the State, Doctor Dennis Otiotio told Newsmen in Yenagoa that the Party had instructed its counsels to file an appeal to overturn the judgment.
Justice Donatus Okorowo had last Monday ruled that Chief Sylva, having been sworn in twice and governed for five years as governor of Bayelsa State would breach the 1999 constitution as amended if allowed to contest again.
Justice Donatus Okorowo of the Federal High Court, Abuja, in the judgment disqualified the Bayelsa State All Progressives Congress candidate in the November 11 governorship election, Chief Timipre Sylva, declaring that the APC standard bearer was not qualified to run in the polls because if he wins and 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, Justice Okorowo noted that those who enacted 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.
He further stated that the Supreme Court ruled in the case of Marwa vs Nyako that nobody can expand the constitution or its scope, ruling that if Chief Sylva is allowed to contest the next election, it would mean a person could contest as many times as he wishes.
The suit was filed by Chief Demesuoyefa Kolomo said to be a member of the All Progressives Congress.
But in a swift reaction, the All Progressives Congress in Bayelsa State says the Party has briefed its lawyers to appeal the judgment, expressing the hope that the Court of Appeal will overturn the judgment of the Federal High Court in Abuja.
Chairman of the Party in the State, Doctor Dennis Otiotio said the matter runs contrary to Sections 29 and 84 of the 2022 Electoral Act and Section 285 of the 1999 Constitution, stating that the petitioner did not have locus standi as he was neither a member of the APC nor a participant in the party’s gubernatorial primaries and failed to file the case within fourteen days of the event.
The APC said it was optimistic that the Appellate Courts would overturn the judgment of the Federal High Court, paving way for its candidate Chief Timipre Sylva to triumph in the Bayelsa Governorship election and subsequently be sworn in as Governor on February 14, 2024.