the party’s state headquarters.
She said she was surprised on April 15 while listening to a television news to hear that Sylva was declared the winner of the poll by the Jibrin-led committee.
Johnson urged the court to grant her reliefs.
But in a counter affidavit deposed to by Sylva, the ex-minister prayed the court to dismissed the suit.
He said contrary to Johnson’s deposition, he was pre-eminently qualified to contest for election into the Office of Governor of Bayelsa and did not suffer from any disqualifying factor which barred him from contesting.
“I contested as governor in the 2007 General Elections and I was declared the winner by the 2nd defendant and was subsequently sworn in as the executive governor of Bayelsa State on the 29th May, 2007.
“After I was sworn in on 29th May, 2007, my election as governor was nullified by the Court of Appeal and the 2nd defendant (INEC) was ordered to conduct a re-run election. The said re-run was duly conducted and I won it and was sworn in as governor on the 27th May, 2008.
“The matter went up to the Supreme Court and same was consolidated alongside that of the then Governors of Kogi, Sokoto, Cross River and Adamawa States as reported in Marwa v. Nyako (2012) 6 NWLR (Pt.1296).
“The Supreme Court held that my tenure in office is to be counted from 29th May, 2007, when I was first sworn in and not 27th May, 2008.
“Thus, upon the judgment of the Supreme Court, I vacated office having done a single term,” he said.
Besides, Sylva averred that he vied for the APC primary alongside five others, including Johnson on April 14, and he emerged its candidate having polled the highest votes from the votes collated from 102 out of 105 wards in the eight local government areas where party members voted in a direct primary in accordance with the guidelines for poll, APC’s constitution and the Electoral Act, 2022.
He said contrary to Johnson’s argument, the primary was held and the results in which he garnered the majority of the votes was accepted and he received congratulatory messages from major APC stakeholders in the state, indicative of the fact that his victory reflected the aspirations of the party members.
He, however, said there was no election in Ward 6 in Kolokuma/Opokuma LGA because the register of members was not submitted on time within INEC’s guidelines, and that election did not hold also in Wards 4 and 5 in Nembe LGA because there were disturbances.
He said though the poll was initially scheduled for April 10, due to logistics challenge, it was shifted to April 14.
He said after the poll was conducted, he said a special congress which ratified him as person who scored the highest number of votes was held on April 15 in Yenagoa and his name forwarded to INEC.
On the judgment that nullified the party’s congress, Sylva said he was aware that the APC had filed an appeal against the Bayelsa court judgment in suit number: YHC/16/2022 between Alex Izibenikiebo Blankson v. APC and three others together with a motion for stay of execution containing in the notice of appeal.
Also the APC, in its counter affidavit deposed to by Dr Stanley Ugboaja, the chief of staff to deputy national organising secretary, asked the court to dismissed the suit.
The party argued that the judgment of the Supreme Court delivered on Jan. 27, 2012, in respect of the consolidated appeal was actually in support of Sylva’s bid for a second term in office and not against it as falsely stated by Johnson.
It said that the direct primary poll was conducted by its national body in accordance with the guidelines for the conduct of same as well as the provisions of the Electoral Act and its constitution.
The APC, which averred that INEC monitored the poll also said that the electoral umpire issued a report in respect of the primaries.
“An appeal against the result of the said primaries was lodged with the Appeals Committee of the ist defendant.
“The Appeal Committee rejected the said appeal as unmeritorious. A copy of the report of the Appeal Committee is attached herewith and marked Exhibit F
“That by a letter dated 13th April, 2023, the plaintiff was requested to provide the list of her agents in all the 105 electoral wards in Bayelsa State but she failed to comply.
“She did not even bother to vote in her electoral ward. A copy of the said letter is attached herewith and marked G,” the party told the court.
Justice Ekwo fixed July 6 for hearing of the suit.
Earlier, NAN reported that an APC member, Chief Demesuoyefa Kolomo, also filed a suit against Sylva before a sister court, praying the court to order INEC to delete Sylva’s name from list of candidates contesting the Nov. 11 governorship poll.
