Timipre Sylva, governorship candidate of All Progressives
Congress (APC) in Bayelsa, has asked a federal high court in Abuja to disregard
claims that he has served two terms as governor of the state.
Sylva’s defence is contained in a counter affidavit he
deposed and filed through Adelani Ajibade, his lawyer.
The affidavit was in response to a suit marked
FHC/ABJ/CS/821/2023, filed by Demesuoyefa Kolomo, a member of the APC.
Kolomo wants the court to order the Independent National
Electoral Commission (INEC) to delete Sylva’s name from the list of candidates
contesting the governorship poll in Bayelsa on November 11.
The plaintiff averred that by the provisions of section
182(1)\(b) of the 1999 constitution (as amended), Sylva was not qualified to
contest the election on APC’s platform or any other political party’s platform
because he was elected in April 2007 and May 2008.
But in his affidavit, Sylva said he was elected once as the
state’s governor, insisting there was no election in 2007.
“I have only occupied the office of the governor of Bayelsa
state on one occasion,” Sylva said.
“I was elected as the
governor of Bayelsa state on 27th May 2008.”
While referencing a court of appeal judgment in April 2008
that nullified the 2007 election, the former minister maintained that he is
within his constitutional and legal right to contest the governorship poll in
November.
BACKGROUND OF THE
2007/2008 POLL
Sylva won the Bayelsa state governorship election which was
held on April 14, 2007, polling 776,715 votes.
He was the candidate of the People’s Democratic Party (PDP)
and defeated Ebitimi Amgbare of the defunct Action Congress of Nigeria (ACN).
Aggrieved, Amgbare challenged the outcome of the poll at the
tribunal.
In its judgment, the tribunal affirmed Sylva’s election as
the governor but Amgbare further appealed at the court of appeal.
In a unanimous decision delivered on April 14, 2008, a
five-member panel of judges in Port Harcourt, Rivers state, nullified the 2007
poll.
The appeal court ordered the immediate swearing-in of
Werinipre Seibarugo, speaker of the state house of assembly, as governor of the
state, pending when a new election would be conducted.
The court also ordered INEC to conduct a new governorship
election in the state within three months.
A fresh election was conducted on May 24 and Sylva was
declared the winner of the poll.
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