The Court of Appeal in Abuja has reversed the nullification of the candidacy of the All Progressives Congress (APC) in the November governorship election, Chief Timipre Sylva.
This clears the coast for his participation in the election slated for November 11.
The appellate court in a judgment delivered on Tuesday held that Justice Donatus Okorowo of the Federal High Court was wrong in ordering the sack of Sylva as a candidate of the APC in the governorship election in Bayelsa State.
According to the judgment, the High court erred by assuming jurisdiction in the matter as the the plaintiff lacked the locus standi to initiate the suit in the first place.
The appellate court said that the plaintiff did not participate in the primary election that produced Sylva as the flag bearer of the APC in the forthcoming election, as such lack the locus standi to initiate the action.
The appellate court said that the issue of jurisdiction is fundamental in election matter, and since the lower court had no jurisdiction in the first place, all actions taken in the matter are declared a nullity.
The appellate court in addition stated that once a judgment is found to have been delivered without jurisdiction, “no matter how sound” it may be, “it is an exercise in futility”.
The appellate court subsequently voided the decision of Justice Donatus Okorowo, which nullified Sylva’s participation in the November 11, governorship election.
Justice Binta Zubairu, who delivered the lead judgment subsequently slammed a cost of N1 million in favour of Sylva.
Details later…
