Sylva Appeals Disqualification Judgement, Seeks Stay Of Execution

11th October 2023

The All Progressives Congress (APC) gubernatorial candidate for the upcoming November Governorship Election in Bayelsa state, Chief Timipre Sylva, has taken legal action following his disqualification by the Federal High Court in Abuja. The court invalidated Sylva's emergence as the APC candidate, citing that he had been sworn in as governor of Bayelsa state twice and ruled for five years, which, according to the court, violates the 1999 Constitution as amended.

In response, Sylva, represented by his lawyer, Dr. Ahmed Raji, SAN, filed a motion for a stay of execution of the court's order. In this motion, dated October 10, 2023, Dr. Raji requested that the court suspend the execution of the judgment and its orders while Sylva's appeal against the judgment is heard and finally determined by the Court of Appeal in Abuja. He also sought an injunction preventing the respondents from implementing or acting upon the declaratory and executory orders contained in the judgment.

Sylva's appeal, also dated October 10, 2023, raised three grounds of appeal. In one of these grounds, he argued that Justice Okorowo erred in law by allowing the matter to proceed despite the respondent's lack of locus standi to initiate the action since they did not participate in the primary election that nominated him as the APC's gubernatorial candidate. He contended that this miscarried justice against him and the court failed to properly address his preliminary objection challenging the competence of the suit, thereby violating his right to fair hearing as guaranteed by the 1999 Constitution of the Federal Republic of Nigeria.

Dr. Raji emphasized that the Federal High Court judgment delivered by Justice Okorowo contradicted established legal principles and precedents. He expressed confidence in the chances of success at the appeal court, citing three fundamental issues raised in the appeal: jurisdiction, locus standi, and the wrongful evaluation of affidavit evidence. He argued that Justice Okorowo improperly assumed jurisdiction by involving himself in the internal affairs of the APC, which is a non-justiciable cause of action, leading to a miscarriage of justice.

No date has been set for the hearing of the appeal, but it is clear that the legal battle over Sylva's eligibility to contest the Bayelsa gubernatorial election will continue.