The Court of Appeal in Abuja has reversed the nullification
of the candidacy of the All Progressives Congress (APC) in the November
governorship election, Chief Timipre Sylva, thus clearing the coast for his
participation in less than 12 days to the poll.
The appellate court in a judgment delivered on Tuesday held
that Justice Donatus Okorowo of the Federal High Court was wrong in ordering
the sack of Sylva as a candidate of the APC in the November 11, governorship
election in Bayelsa State.
According to the judgment, the trial court erred by assuming
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
the flag bearer of the APC in the forthcoming election.
The appellate 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 are 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 Donatus Okorowo, which nullified Sylva’s participation in the November
11, governorship election.
By this judgment, INEC would have to relist Sylva as a
candidate of the APC for the governorship election in Bayelsa State.
Justice Binta Zubairu, who delivered the lead judgment
subsequently slammed a cost of N1 million in favour of Sylva.
Details later.
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