(Bayelsa) Guber Poll: Court nullifies petition seeking disqualification of APC’s Timipire Sylva
Justice Inyang Eden Ekwo of the Federal High Court in Abuja has dismissed a complaint attempting to disqualify former Petroleum Resources Minister Timipire Sylva from running in the Bayelsa State governorship election in November.
The complaint filed against the APC, the Independent National Electoral Commission (INEC), and Sylvia was dismissed for lack of merit.
Ekwo ruled on Tuesday that the plaintiff, Hon Isikima Ogbomade Johnson, had failed to show the problems cited in the action as grounds for Sylva’s disqualification from the governorship election.
Among other things, the judge ruled that the plaintiff failed to prove that the APC did not hold a legal primary election that resulted in Sylva.
He stated that the uncontroverted independent report of INEC proved without a shadow of a doubt that the APC held a legitimate primary election that was overseen by the electoral umpire as required by law.
The judge invalidated the plaintiff’s police reports, which indicated that the APC did not have a primary election.
According to Ekwo, the alleged police reports were worthless and illegal because officers were not required by law to perform what they did in favor of the plaintiff.
The court, among other things, criticized the police reports for not being on police letterhead documents to give them a sense of originality, and he also stated that the responsibility of police during primary elections is to protect and secure electoral materials and voters.
Furthermore, Justice Ekwo ruled that the majority of the documents presented by the plaintiff were obtained by circumventing well-known and established procedures.
Furthermore, the court rejected the claim since it was not brought within 14 days of the subject matter occurring; thus, it became an academic topic, and the court would not meddle in such a matter because it is not an academic institution.
“In all, I find the case of the plaintiff to be weak, having not been established by preponderance of evidence as required by law.
“In the same vein, the case of the plaintiff, having been demolished by overwhelming exhibits tendered by APC and Timipire Sylva, has no legs to stand upon in the face of the law.
“I make an order, dismissing this case and it is hereby dismissed for lacking in merit,” the Judge held.
The plaintiff had brought APC, INEC, and Sylva before the court via an originating summons, asking for an order disqualifying him from participating in the next Bayelsa State governorship election in November.
He based his complaint against Sylvia on two grounds: Sylvia was elected governor twice and took the oath of office and allegiance twice. Simultaneously, he argued that the April 14 primary election that produced Sylva was unconstitutional and unlawful, having been conducted in violation of APC norms.