The Court of Appeal in Abuja, has set aside the nullification of the candidacy of the All Progressives Congress (APC), Chief Timipre Sylva in the November 11 Governorship election in Bayelsa state.
Delivering the lead judgement on Tuesday, Justice Binta Zubairu held that Justice Donatus Okorowo of the Federal High Court was wrong in voiding the candidacy of Sylva in the November 11, governorship election in Bayelsa State.
The judge held that the trial court erred to have assumed jurisdiction in the matter on grounds that the plaintiff at the Federal High Court lacked the locus standi to initiate the suit in the first place, having not participated in the primary election that produced Sylva as flag bearer of the APC in the forth coming election.
The issue of jurisdiction according to the court is fundamental in an election matter, and since the lower court had no jurisdiction in the first place, any judgement delivered in it no matter how sound” is an exercise in futility “
The court subsequently voided the decision of Justice Okorowo, which sacked Sylva as candidate of the APC leading to the delisting of Sylva and his running mate in the Independent National Electoral Commission INEC register for the November 11 Governorship elections in the state.
The appellant court also ordered a cost of N1milliion in favour of Sylva
With the case put to rest, and Sylva giving a clean bill to participate in the election which is a couple of from now, the election is touted to be a -two horse race- between incumbent governor, Duoye Diri of the Peoples Democratic Party PDP and Timipre Sylva APC.