The Court of Appeal sitting in Abuja has reserved judgment on the appeal seeking to set aside the lower court judgment disqualifying the All Progressives Congress governorship candidate in Bayelsa, Timiprye Sylva, from the November 11 election.
In a suit marked FHC/ABJ/CS/821/2023, a member of the APC in the state, Demesuoyefa Kolomo, had asked the court to determine whether Sylva was qualified to contest in the election, having occupied the office of governor of Bayelsa from May 29, 2007, to April 15, 2008, and May 27, 2008, to Jan. 27, 2012.
However, a judgment delivered by Justice Donatus Okorowo held that allowing Sylva to contest again would breach the provision of the 1999 constitution having been sworn in twice and ruled for five years as a governor of the state.
The judge also said Sylva would spend more than eight years in office if allowed to participate in the election and eventually win.
Displeased with the judgment, Sylva, appealed, praying the court to quash the decision of the lower court.
Also, another appeal was filed by the APC against Kolomo, praying the court to set aside the judgment of the lower court in the interest of justice.
The APC alleged that Kolomo was fighting a proxy war for the Peoples Democratic Party (PDP) against its candidate.
Justice Tsammani said since the court had chosen to hear the main appeals, it was unnecessary to hear any interlocutory motions.
The lawyer to Kolomo, 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.
After taking all the arguments, the panel reserved judgment in the appeals for a later date to be communicated to parties.
