.jpeg "Sylva launches an appeal against his disqualification in the Bayelsa election")
In a notice of appeal submitted by the legal representative, Mr. Ahmed Raji, SAN, Sylva has requested the court to overturn the ruling.
In addition, the former Minister of Petroleum promptly submitted a request to suspend the implementation of the ruling.
According to a report by the News Agency of Nigeria (NAN), Justice Donatus Okorowo of the Federal High Court (FHC) in Abuja rendered a ruling on Monday evening, disqualifying the candidate of the All Progressives Congress (APC) from participating in the next election.
According to Justice Okorowo's ruling, it was determined that Sylva's potential candidacy for governorship would violate the provisions of the 1999 Constitution (as amended). This conclusion was reached based on the fact that Sylva had previously served two terms and governed the state for a period of five years.
The ruling was made in response to a legal action initiated by Mr. Deme Kolomo, a member of the All Progressives Congress (APC) in Bayelsa, who petitioned the court to compel the Independent National Electoral Commission (INEC) to remove Mr. Sylva's name from the roster of candidates participating in the upcoming gubernatorial election scheduled for November 11th.
Kolomo contended that due to Sylva's tenure as governor of Bayelsa from May 29, 2007 to April 15, 2008 and May 27, 2008 to January 27, 2012, he lacked the eligibility to participate in the contest.
Raji expressed that the verdict rendered by the Federal High Court (FHC) upon the filing of the appeal deviated from established legal principles and significant precedents.
He expressed confidence in the high likelihood of triumph at the Appeal Court.
According to his statement, the appeal presented three fundamental concerns pertaining to jurisdiction, locus standi, and the erroneous assessment of affidavit evidence.
In a formal motion submitted on October 10th, Sylva requested the court to issue an order that would temporarily halt the implementation or any further implementation of the complete judgment and associated orders delivered by the court on October 9th, 2023. This request is made with the intention of awaiting the hearing and ultimate resolution of the appeal that has been filed against the aforementioned judgment and orders in the Court of Appeal, Abuja.
The petitioner additionally requested the court to grant an injunction, thereby preventing the respondents from carrying out or enforcing the declaratory and executory orders outlined in the judgment.
Furthermore, in the appeal submitted on October 10th, the former minister presented three distinct reasons for appeal.
In his judgment, Justice Okorowo allegedly erred in assuming jurisdiction by examining the internal matters of the All Progressives Congress (APC), which is considered a non-justiciable cause of action. This purportedly resulted in a significant miscarriage of justice.
According to the speaker, it is the responsibility of the trial court to comprehend the matter as given by the involved parties and accurately apply the relevant legal principles.
In the second argument, the ex-governor asserts that Justice Okorowo made a legal mistake by granting authority and making a judgment on the case, despite the fact that the respondent did not have the legal standing to initiate or file the lawsuit. This is because the respondent admitted to not participating in the primary election that resulted in his selection as the governorship candidate of the APC. As a result, this led to a significant miscarriage of justice against the ex-governor.
According to the individual, he asserted that the court did not adequately assess, ascertain, and provide a decision on his notice of preliminary objection contesting the suitability of the lawsuit. Consequently, he argues that this action violated his entitlement to a fair trial as stipulated by the 1999 Constitution.
The hearing of the appeal has not yet been scheduled.