The Court of Appeal in Abuja has reserved judgments to a date to be communicated to parties in the appeals filed by the candidate of the All Progressives Congress (APC) in the forthcoming governorship election in Bayelsa State, Timipre Sylva and the party.
The appeals are against the October 9 judgment given by Justice Donatus Okorowo of the Federal High Court, Abuja nullifying Sylva’s candidacy in the election scheduled for November 11.
A three member panel of the court, led by Justice Haruna Tsammani announced the judgments were reserved in both appeals after lawyers to parties made their final submissions and adopted their written briefs.
Lawyer to Sylva, Akinlolu Kehinde (SAN) and counsel to the APC, K. O. Balogun, urged the court to allow the appeals and set aside the October 9 judgment and affirm Sylva’s candidacy.
The judgment by Justice Okorowo was on the suit marked:FHC/ABJ/CS/821/2023 filed on June 3 by a member of the APC, Demesuoyefa Kolomo, who described himself as a registered voter.
Balogun argued that it was wrong for the trial court to have entertained the suit by Kolomo because he lacked the locus to have approached the trial court.
He faulted the decision of Justice Okorowo to the effect that Sylva took oath of office twice as governor of Bayelsa State.
Balogun said: “In 2007 he (Sylva) was elected the Governor of Bayelsa State, but within eight months, the Court of Appeal (which was then the final court for governorship election petition) sacked him.
“He contested again in 2008 and won. The eight months that he earlier spent in office was nullified, so he could not have said to have spent that with months because it was voided by the court.
“What he (Kolomo) is doing is fighting a proxy war. He cannot be a member of the APC and be fighting to destroy its candidate and chances at the election.
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“What the 1st respondent (Kolomo) is asking this court to do is to deem the nullified eight months as 4 years,” Balogun said.
Members of the court’s panel also wondered why Kolomo, who claimed to be a member of the APC and described himself solely as a registered voter, but not an aspirant, who participated in the party’s primary, would want to destroy his party’s chance in an election instead of simply voting for another candidate in the election if he was not comfortable with his party’s candidate.
Balogun later informed the court that his client filed a motion to compel the Independent National Electoral Commission (INEC) to reverse its decision to remove Sylvia’s name from the list of candidates for the election.
Justice Tsammani said since the court has chosen to hear the main appeals, it was unnecessary to hear any interlocutory motions.
Lawyer to Kolomo, Prof. Abiodun Amuda-Kanike (SAN) urged the court to dismiss the appeal and affirm the judgment of the trial court.
INEC’s lawyer, Ahmed Mohamed also prayed the court to dismiss both appeals.