•Awards cost of N1m in favour of Sylva
By Vivian Okejeme Abuja
The Court of Appeal, Abuja, cleared and reversed the nullification of the candidacy of the All Progressives Congress (APC), Chief Timipre Sylva for the November 11 governorship election in Bayelsa State.
In the judgment delivered by Justice Binta Zubairu, awarded a cost of N1 million in favour of Sylva.
By this judgment, INEC would have to relist Sylva as the candidate of the APC for the governorship election in Bayelsa State.
The appellate court held that the of Justice Donatus Okorowo of the Federal High Court order sacking Sylva as a candidate of the APC in the election coming in 12day time, was wrong.
Justice Zubairu maintained that the lower court erred to have assumed jurisdiction in the matter on grounds that the plaintiff at the Federal High Court lacked the necessary locus standi to initiate the suit in the first place, having not participated in the primary election that produced Sylva as flag bearer of the APC in the forthcoming election.
The appellate court stressed that the issue of jurisdiction is fundamental in an election matter, and since the lower court had no jurisdiction in the first place, all actions taken in the matter is declared a nullity.
The appellate court in addition stated that once a judgment is found to have been delivered without jurisdiction, “no matter how sound” it may be, “it is an exercise in futility”.
The appellate court subsequently voided the decision of Justice Okorowo, which nullified Sylva’s participation in the November 11 governorship election.
