A federal High Court, Abuja, has fixed September 28 for judgment in a suit filed by a member of the All Progressives Congress (APC), Demesuoyefa Kolomo, praying the court to order independent National Electoral commission (INEC) to delete Timipre Sylva’s name from list of candidates contesting the November 11 Bayelsa State governorship poll.
Justice Donatus Okorowo fixed the date, yesterday, after Prof. Abiodun Amuda-Kannike, counsel for Kolomo, and Sylva’s lawyer, Babayemi Olaniyan, including that of APC, Dr. Denis Otiotio, adopted their processes and presented their arguments for and against the matter.
In the originating summons marked: FHC/ABJ/CS/821/2023, dated and filed June 13, Kolomo had sued Sylva, the immediate-past Minister of State for Petroleum; APC and INEC as 1st to 3rd defendants, respectively.
Kolomo had asked the court to determine whether Sylva is 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 January 27, 2012.
In the affidavit attached, Kolomo deposed that besides being an APC member, he was also a registered voter in the state. The plaintiff said he was motivated by the need to vindicate Sections 180 (2)(a) and 182(1) (b) of the 1999 Constitution, and to know the applicability of same as it relates to Sylva based on above facts.
Kolomo also averred that the question raised by the instant suit was a constitutional one, and of grave importance to him as a voter, as well as other voters in the state, so that they would not vote for someone who was not qualified to contest in the poll.
But Sylva, in a counter affidavit, asked the court to dismiss the suit for lacking in merit. The ex-minister, through his lawyer, Olaniyan, said he was never elected as the state’s governor on two occasions.
He argued that the Appeal Court, in its judgement, held that the election that brought Sylva, as Bayelsa governor in 2007, was null and void, while directing INEC to conduct a fresh election within 90 days.
