By Musa Baba Adamu
A Federal High Court, Abuja on Friday, adjourned the judgment in a suit seeking disqualification of Mr Timipre Sylva from contesting the Nov. 11 Bayelsa governorship poll until Tuesday.
The matter, which was number one on the day’s cause list, however, could not go on due to Justice Inyang Ekwo’s absence.
The court, therefore, fixed Sept. 26 for judgment.
Justice Ekwo had, on July 6, fixed today for the judgment.
The suit, marked: FHC/ABJ/CS/575/2023, was filed by Mrs Ogbomade Johnson, an All Progressives Congress (APC) aspirant for Bayelsa governorship election against Sylva, the immediate-past Minister of State for Petroleum.
Mrs Johnson, in the suit dated April 24 but filed April 27 had sued APC, the Independent National Electoral Commission (INEC) and Sylva as 1st to 3rd respondents respectively.
She prayed the court for an order of mandatory injunction compelling INEC to delist the names of APC and Sylva from among the lists of political parties and candidates for the November election.
The aggrieved aspirant also prayed for an order of perpetual injunction restraining Sylva from parading himself as the APC’s governorship candidate in Bayelsa, among others.
She sought a declaration that the APC was duty-bound in contract to commence and conclude the primary election in Bayelsa in accordance with the provisions of the Electoral Act, 2022 and the regulations and guidelines of the political party, after having demanded and received the sum of N10 million from her, along with other five aspirants.
Johnson further sought a declaration that by virtue of the conduct of the APC’s primary poll on April 14 in contravention of the provisions of the Electoral Act, 2022, and the regulations and guidelines of the political party, the APC had no candidate to field for the poll, among other reliefs.
The APC had cleared Mrs Johnson, Sylva, Joshua Maciver, Festus Daumiebi, Mrs Maureen Ongoebi and David Lyon as aspirants in the April 14 primaries.
In the primary election conducted in 102 of the 105 wards of the eight local governments in the state, Sylva was said to have scored 52, 061 votes; Maciver scored 2, 078; Johnson scored 584; Daumiebi scored 557; Ongoebi scored 1, 277 and Lyon scored 1, 584 votes.
In a counter affidavit, deposed to by Sylva, the ex-minister prayed the court to dismiss the suit.
He said contrary to Johnson’s deposition, he was eminently qualified to contest for election into the Office of Governor of Bayelsa and did not suffer from any disqualifying factor which barred him from contesting.
He averred that he had only served as Bayelsa governor on one occasion.
Sylva claimed he vied for the APC primary alongside five others, including Johnson on April 14.
He said he emerged as its candidate having polled the highest votes from the votes collated from 102 out of 105 wards in the eight local government areas where party members voted in a direct primary in accordance with the guidelines for poll, APC’s constitution and the Electoral Act, 2022.
He said contrary to Johnson’s argument, the primary was held and the results in which he garnered the majority of the votes were accepted and he received congratulatory messages from major APC stakeholders in the state, indicative of the fact that his victory reflected the aspirations of the party members.
Also, in its counter affidavit deposed to by Dr Stanley Ugboaja, the chief of staff to the deputy national organising secretary, the APC asked the court to dismiss the suit.
The party argued that the judgment of the Supreme Court delivered on Jan. 27, 2012, in respect of the consolidated appeal was actually in support of Sylva’s bid for a second term in office and not against it as falsely stated by Johnson.
It said the direct primary poll was conducted by its national body according to the guidelines for the conduct of the same as well as the provisions of the Electoral Act and its constitution.
The APC, which averred that INEC monitored the poll also said the electoral umpire issued a report in respect of the primaries.
“An appeal against the result of the said primaries was lodged with the Appeals Committee of the ist defendant.
“The Appeal Committee rejected the said appeal as unmeritorious. A copy of the report of the Appeal Committee is attached herewith and marked Exhibit F.
“That by a letter dated 13th April, 2023, the plaintiff was requested to provide the list of her agents in all the 105 electoral wards in Bayelsa State but she failed to comply.
“She did not even bother to vote in her electoral ward. A copy of the said letter is attached herewith and marked Exhibit G,” the party told the court.
