A Federal High Court sitting in Yenagoa, Bayelsa State, presided over by Justice Olaide Quadiri, has fixed September 13 for commencement of hearing on the eligibility of the All Progressives Congress (APC) deputy governorship candidate, Joshua Maciver.
A female governorship aspirant of APC, Ikisima Johnson, who lost the party’s governorship primary to Timipre Sylva, is challenging the eligibility of Maciver, seeking his disqualification as the party’s deputy governorship candidate (Sylva’s running mate) on allegation that he is an ex-convict.
In suit number FHC/YNG/CS114/2023/, the APC was listed as the 1st defendant, with the Independent National Electoral Commission (INEC), Sylva and MacIver as 2nd, 3rd and 4th defendants, respectively.
At the preliminary hearing, yesterday, Leizou Elijah, counsel to Johnson, filed an application for conversion of the case from originating summons to pleadings, asking the court for a date to hear the motion.
Justice Quadiri, who adjourned the case to September 13 for hearing and ruling on the plaintiff’s motion, urged all parties to exchange pleadings and processes to ensure that all parties file their processes before the next hearing date.
In a chat with journalists, Benjamin Ogbara, counsel to Sylva and Maciver, representing the lead counsel, Dr. James Onoja, said: “This is a case that was filed by one Isikima Johnson, who was a governorship aspirants of the APC in Bayelsa State. According to the originating processes served on us, they are trying to challenge the eligibility of Maciver, who was nominated as Sylva’s running mate.
“Of course, you know, as far as I am concerned, the process is in court, but I know the court cannot entertain this matter, because it is statute barred.
“In today’s proceedings, we have filed our counter affidavit and a notice of preliminary objection, but we were told in court that we have not been served, claiming they have filed another process to convert the originating process, which they filed since May 25, pleading (writ of summons). Of course, they know this is a pre-election matter.
“You cannot come back and file. The time has elapsed. Even when they filed this matter, it was above 14 days the event occurred, which was the day the party forwarded the names to INEC. So, they know this matter is statute barred. As far as I am concerned, it is a waste of the court’s time.”
