The Court of Appeal sitting in Abuja, on Tuesday, restored Chief Timipre Sylva as the candidate of the All Progressives Congress (APC) for the 11th November Bayelsa State governorship election.
In a unanimous decision, the three-member panel of Justices vacated the judgement of the Federal High Court in Abuja, which disqualified Sylva from participating in the poll.
It held that the litigant, Mr. Demesuoyefa Kolomo, who initiated the suit that led to Sylva’s disqualification, lacked the locus standi (legal right) to do so.
Aside from setting aside the verdict of the lower court, the appellate court awarded a cost of N1 million against Kolomo.
On 9th October, Justice Donatus Okorowo ruled that Sylva, who is the immediate past Minister of State for Petroleum Resources, was not eligible to participate in the gubernatorial contest having already spent five years in office as governor of the state, adding that, if he won and was sworn in, he would spend more than eight years in office as governor.
Sylva was governor of the state between 29th May and 16th April 2008 when his election was judicially annulled.
He contested the fresh election and was sworn in on 27th May 2008. But on 27th January 2012, his tenure was terminated by the Supreme Court.
The court directed the Independent National Electoral Commission (INEC) to remove Sylva’s name from the list of candidates for the election.
In compliance with the lower court’s ruling, INEC dropped the names of Sylva and his running mate from the amended list of governorship candidates it released last Tuesday.
