Ahead of the upcoming November governorship election in Bayelsa State, the Court of Appeal in Abuja has reversed the nullification of Chief Timipre Sylva’s candidacy for the All Progressives Congress (APC).
The judgment paves the way for Chief Timipre Sylva to participate in the election, with less than 12 days remaining until the polls.
The appellate court, in a ruling delivered on Tuesday, declared that the Federal High Court’s decision, which ordered the removal of Sylva as the APC candidate, was erroneous.
Justice Donatus Okorowo’s order to sack Sylva was found to be based on the incorrect assumption that the plaintiff at the Federal High Court had the necessary legal standing to initiate the case, despite not participating in the primary election that had chosen Sylva as the APC’s flag bearer.
The Court of Appeal emphasized the fundamental importance of jurisdiction in election matters, asserting that the lower court had no jurisdiction from the outset, rendering all actions taken in the matter null and void.
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The appellate court also underscored that any judgment delivered without the requisite jurisdiction, no matter how meritorious, is ultimately an exercise in futility.
Consequently, the decision of Justice Donatus Okorowo nullifying Sylva’s participation in the governorship election scheduled for November 11 has been invalidated.
With this ruling, the Independent National Electoral Commission (INEC) is now required to reinstate Chief Timipre Sylva as the APC candidate for the Bayelsa governorship election. Justice Binta Zubairu, who delivered the lead judgment, also imposed a cost of N1 million in favor of Sylva. This landmark decision sets the stage for a hotly contested election in Bayelsa State, with Chief Timipre Sylva back in the race as the APC candidate.