A Federal High Court Abuja, on Monday, fixed September 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 State governorship election on November 11.
The suit was filed by a member of the All Progressives Congress (APC), Chief Demesuoyefa Kolomo.
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 Dennis Otiotio, adopted their processes and presented their arguments for and against the matter.
Kolomo, a member of the APC, is praying the court to order INEC to delete Sylva’s name from list of candidates contesting the November 11 governorship election.
In the originating summons marked: FHC/ABJ/CS/821/2023 dated and filed June 13, Kolomo sued Sylva, the immediate-past Minister of State for Petroleum; APC and INEC as 1st to 3rd defendants respectively.
Kolomo asked the court to determine whether Sylva is qualified to contest the election, having occupied the office of governor of Bayelsa State from May 29, 2007 to April 15, 2008 and May 27, 2008 to January 27, 2012.
In the affidavit attached, Kolomo deposed that besides being an APC member, he is also a registered voter in the State.
He said INEC recently published the names of governorship candidates, including Sylva, for the State election.
The plaintiff argued that he is 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 is a constitutional one, and of grave importance to him as a voter and other voters in the State, so that they would not vote for someone who is not qualified to contest in the poll and thereby their votes wasted in the end.
But Sylva, in a counter affidavit, asked the court to dismiss the suit for lacking merit.
The ex-minister, through his lawyer Olaniyan, said he was not elected as governor of the State on two occasions.
He argued that the Appeal Court, in its judgment, 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.
Although the lawyer admitted Sylva once served as former governor of Bayelsa State, he stressed that he was only elected once to that office.
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 lacks locus standi to institute the suit as he was never an aspirant in the primary election that produced Sylva.
While arguing his case, Amuda-Kannike said contrary to the argument of the counsel, Kolomo has locus standi, 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 are 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, is also part of their case.
The senior lawyer prayed the court to uphold their argument and dismiss the preliminary objection of the defence.
Justice Inyang Ekwo, in another matter filed by an APC aspirant in the primary election, had fixed September 22 for a judgment.
– NAN