Abuja, Nigeria
On Monday, a federal high court in Abuja disqualified the candidate of the All Progressives Congress (APC), Timipre Sylva, from participating in the Bayelsa State 2023 governorship election.
The court ruled on a suit marked FHC/ABJ/CS/821/2023 filed by Demesuoyefa Kolomo, a member of the APC in Bayelsa.
Kolomo had asked the court to determine whether Sylva was eligible to run for the governorship again in the state following his past terms as governor.
Sylva was the governor of Bayelsa from May 29, 2007, to April 15, 2008, and from May 27, 2008, to January 27, 2012.
But in an affidavit submitted by Sylva, the former governor stated that he was only elected once as Bayelsa governor.
He cited a ruling of the appeal court in April April 2008 that nullified the 2007 governorship election and emphasised that the constitution grants him the legal right to run for governorship in the state.
However, ruling on the suit on Monday, Justice Donatus Okorowo, held that Sylva, having been sworn in twice and ruled for five years as governor of Bayelsa, saying if he is allowed to contest again would breach the 1999 constitution.
The judge said former governor Sylva would spend more than eight years in office if allowed to participate in the next election if he is allowed to contest and eventually win.
The court cited a Supreme court case between Marwa and Nyako to substantiate the verdict of the court.
He said the nation’s constitution explicitly stipulated that a person shall not be elected as a governor more than twice.
He further mentioned that all parties involved in the case acknowledged that Sylva had been elected into office twice.
Okorowo stated that the Supreme Court ruled in the case of Marwa vs Nyako that nobody could expand the constitution or its scope. So, if Sylva could contest the next election, any citizen could contest for a political office as many times as they wish.
The Independent National Electoral Commission (INEC) has scheduled the governorship election in Bayelsa for November 11, 2023.
