In a major legal twist, the Court of Appeal in Abuja has overturned the earlier nullification of Chief Timipre Sylva’s candidacy within the All Progressives Congress (APC).
Delivering the lead judgment, Justice Binta Zubairu strongly held that Justice Donatus Okorowo of the Federal High Court was incorrect in ordering the removal of Sylva as an APC candidate in the upcoming November 11 governorship election in Bayelsa State.
The Court of Appeal highlighted that the trial court made a fundamental error in assuming jurisdiction over the matter. The court’s reasoning revolved around the plaintiff at the Federal High Court, asserting that they lacked the necessary locus standi to initiate the lawsuit since they hadn’t participated in the primary election that resulted in Sylva being nominated as the APC’s flag bearer for the forthcoming election.
The appellate court emphasized that jurisdiction is a fundamental aspect in electoral matters. Since the lower court lacked jurisdiction from the outset, all actions taken in the matter have been declared null and void.
Additionally, the appellate court stressed that once a judgment is delivered without jurisdiction, no matter how valid it may appear, it becomes a futile exercise.
Consequently, the decision by Justice Donatus Okorowo, which nullified Sylva’s participation in the November 11 election, has been set aside by the appellate court.
As a result of this judgment, the Independent National Electoral Commission (INEC) is compelled to reinstate Sylva as the APC’s candidate for the governorship election in Bayelsa State.
Justice Zubairu has also awarded a cost of N1 million in favor of Sylva.”
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