A Federal High Court, Abuja, on Monday, fixed Sept. 28 for judgment in a suit praying the court to order INEC to delete Timipre Sylva’s name from list of candidates contesting the Bayelsa Nov. 11 governorship poll.
The suit was filed by Chief Demesuoyefa Kolomo, a member of the All Progressives Congress (APC),
Justice Donatus Okorowo fixed the date after Prof. Abiodun Amuda-Kannike, SAN, counsel for Kolomo, and Sylva’s lawyer, Babayemi Olaniyan, including that of the APC, Dr Denis Otiotio, adopted their processes and presented their arguments for and against the matter.
The News Agency of Nigeria (NAN) reports that Kolomo, a member of the APC, is praying the court to order INEC to delete Sylva’s name from list of candidates contesting the Nov. 11 governorship poll.
In the originating summons marked: FHC/ABJ/CS/821/2023 dated and filed June 13, Kolomo had sued Sylva, the immediate-past Minister of State for Petroleum; APC and INEC as 1st to 3rd defendants respectively.
Kolomo had asked the court to determine whether Sylva is qualified to contest in the election, having occupied the office of governor of Bayelsa May 29, 2007 to April 15, 2008 and May 27, 2008 to Jan. 27, 2012.
In the affidavit attached, Kolomo deposed that besides being an APC member, he was also a registered voter in the state.
He said INEC recently published the names of governorship candidates for the state, including Sylva’s name.
The plaintiff said he was motivated by the need to vindicate Sections 180 (2)(a) and 182(1)b) of the1999 Constitution, the rule of law and to know the applicability of same as it relates to Sylva based on the above facts.
Kolomo also averred that the question raised by the instant suit was a constitutional one and of grave importance to him as a voter and other voters in the sate so that they would not vote for someone who was not qualified to contest in the poll and had their votes wasted at the end of the day.
But Sylva, who was the immediate-past Minister of Petroleum, in a counter affidavit, asked the court to dismiss the suit for lacking in merit.
The ex-minister, through his lawyer, Olaniyan, said that he was never elected as the state’s governor on two occasions.
He argued that the Appeal Court in its judgement held that the election that brought Sylva as Bayelsa governor in 2007 was null and void, while directing INEC to conduct a fresh election within 90 days.
The lawyer though admitted he was a former governor of Bayelsa, he stressed that he had only been elected once as the state’s governor.
He asked the court to dismiss the suit.
Corroborating Olaniyan’s argument, Otiotio, who appeared for APC, urged the court to dismiss the suit with substantial cost.
In the preliminary objection argued, Otiotio said that Kolomo lacked locus standi to institute the suit as he was never an aspirant in the primary election that produce Sylva.
While arguing his case, Amuda-Kannike said contrary to the argument of the counsel, Kolomo had locus, in accordance with the law, to file the suit whether as a pre-election matter or not.
He argued that all the sections and cases cited by the defence were unrelated with the instant suit.
He said contrary to their argument, the suit was not statute barred, as the final day which the list of candidates was published was also part of their case.
The senior lawyer prayed the court to uphold their argument and dismiss the preliminary objection of the defence.
NAN also reports that Justice Inyang Ekwo, in another matter filed by an APC aspirant in the primary election, had fixed Sept 22 for a judgment.
