The immediate past Minister of State for Petroleum and candidate of All Progressives Congress (APC) in the November 11 governorship poll in Bayelsa State, Timipre Sylva has faulted a suit seeking his disqualification.
A member of the APC in Bayelsa State, Demesuoyefa Kolomo, approached the Federal High Court in Abuja claiming that Sylva has occupied the office of the Governor of Bayelsa State twice before now and therefore no longer qualified for a third term under the nation’s Constitution.
In the suit marked: FHC/ABJ/CS/821/23 Kolomo urged the court to, among others, determine “whether, having regard to the indisputable fact that Sylva occupied the office of governor of Bayelsa from May 29, 2007 to April 15, 2008 and May 27, 2008 to Jan. 27, 2012, he is qualified to contest and be elected for another four years term in view of Section 180(2)(a) of the 1999 Constitution (as amended).”
He also wants the court to order the Independent National Electoral Commission (INEC) to delete Sylva’s name from list of candidates for the forthcoming November 11 governorship election in Bayelsa State.
But, in a counter affidavit filed by his lawyer, Adelani Ajibade, from the law firm of Chief Wole Olanipekun (SAN), Sylva argued that contrary to the plaintiff’s claim, he has only been elected to that office once.
Sylva said: “I have only occupied the office of the Governor of Bayelsa State on one occasion. I was elected as the governor of Bayelsa State on 27th May, 2008.
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“Contrary to Paragraph 5 of the affidavit (attached to the originating summons), I know that by virtue of the Court of Appeal judgment referred to, that is now reported as Amgbare Vs. Sylva (2009) 1 NWLR (Pt. 1121), there was no election in Bayelsa State in 2007.”
He insisted that he was within his constitutional and legal right to contest the governorship election slated for November 11 in his state.
Sylva stated that the provisions of sections 180 (2)(a) and 182 (1) (b) of the Constitution are not applicable to him in this circumstance and cannot validly and legally disqualify him from contesting election into the office of Governor of Bayelsa State.
The ex-Minister stated that he was validly elected on April 15 when he defeated other five aspirants in his party’s primary election that was keenly contested and monitored by INEC.
He added that following his victory at the primary election, INEC published his name mon May 12 as the APC candidate in the November 11 election.
Sylva contended that the question raised by Kolomo, in the suit, were raised in bad faith and malice.
In his originating summons, Kolomo raised two questions for the court’s determination, to include “whether, having regard to the indisputable fact that Sylva occupied the office of governor of Bayelsa from May 29, 2007 to April 15, 2008 and May 27, 2008 to Jan. 27, 2012, he is qualified to contest and be elected for another four years term in view of Section 180(2)(a) of the 1999 Constitution (as amended).”
He wants the court to declare that by virtue of Section 182(1)\(b) of the 1999 Constitution (as amended), Sylva was not qualified to contest the election to the office of the governor of Bayelsa on APC’s platform or on any other political party’s platform in the election scheduled for sometime in November or any other time for that matter.
The plaintiff stated, in a supporting affidavit, that he was motivated by the need to vindicate sections 180 (2)(a) and 182(1)b) of the1999 Constitution, the rule of law and to know the applicability of same as it relates to Sylva, based on the facts he has supplied.
Kolomo also averred that the question raised by the instant suit was a constitutional one and of grave importance to him as a voter and other voters in the state so that they would not vote for someone who was not qualified to contest in the poll and had their votes wasted at the end of the day.
Sylva, the APC and INEC are listed as defendants in the suit.
Justice Donaltus Okorowo has fixed hearing for July 3.