INEC Restores APC Candidate Sylva for Bayelsa Governorship Election After Court Ruling

The Independent National Electoral Commission (INEC) has published an amended list of candidates for the Bayelsa governorship election, reinstating Timipre Sylva of the All Progressives Congress (APC), who was earlier removed by the commission.

The list, titled “Amendment No. 2: Amended list of candidates for the 2023 Bayelsa state governorship election under court orders”, was posted on the INEC website on Monday and signed by the Secretary to the Commission, Rose Oriaran-Anthony.

She explained that the amendment was in compliance with the judgement of the Court of Appeal, which overturned the judgement of the Federal High Court that nullified the nomination of Sylva as the APC candidate.

The News Agency of Nigeria (NAN) reports that INEC had previously uploaded an amended list on its website on Tuesday, October 24, with the names of Sylva and his running mate, Joshua Maciver, deleted in obedience to the order of the Federal High Court.

Oriaran-Anthony recalled that the final list of candidates for the 2023 Bayelsa Governorship Election was amended on Oct. 16, following the order of the Federal High Court in Suit No. FHC/ABJ/CS/821/2023 regarding the nomination of the APC candidate.

She added that “the Court of Appeal, in a judgement delivered on October 31, 2023, in Appeal o. CA/ABJ/CV/1060/2023,  set aside the judgement of the lower court cited above.

“By the provisions of Section 287 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the commission is bound to enforce the orders of the court on the nomination of candidates by political parties in the state.

“The list of candidates in respect of the 2023 Bayelsa State Governorship election is hereby amended in Amendment No. 2 under the judgement of the Court of Appeal,” Oriaran-Anthony said.

With amendment list no. 2, the number of candidates for Bayelsa has been restored to 16, NAN reports.

NAN also reports that on Oct. 31, the Court of Appeal in Abuja set aside the October 9 judgement given by Justice Donatus Okorowo of the Federal High Court, Abuja, disqualifying Sylva from the contest based on a suit filed by a member of the APC in the state, Demesuoyefa Kolomo.

Kolomo had challenged Sylva’s eligibility to contest in the election, arguing that he had already served as the governor of Bayelsa from May 29, 2007, to April 15, 2008, and May 27, 2008, to January 27, 2012.

Justice Okorowo had ruled that allowing Sylva to contest again would violate the provisions of the 1999 constitution, as he had been sworn in twice and ruled for five years as the governor of the state.

He also said that Sylva would exceed the constitutional limit of eight years in office if he participated in the election and won.

However, the appellate court, in a unanimous decision by a three-man panel on Tuesday, held that the plaintiff who initiated the suit that led to Sylva’s disqualification lacked the locus standi to do so.

The court, therefore, quashed the judgement of the high court and awarded a cost of N1 million against the respondent, Kolomo.