Justice Inyang Ekwo of the Federal High Court sitting in Abuja has dismissed a suit seeking the disqualification of the former Minister of Petroleum Resources, Timipre Sylva, from contesting the November 11, 2023, governorship election in Bayelsa State.
Justice Ekwo, in his judgement delivered on Tuesday, threw out the suit filed against the All Progressives Congress (APC), Independent National Electoral Commission (INEC), and Sylva for lacking merit.
The judge held that the plaintiff, Hon. Isikima Ogbomade Johnson, failed to establish the issues raised in the suit to warrant Sylva’s disqualification from the governorship election scheduled for November 11.
Justice Ekwo held, among other things, that the plaintiff failed to establish the allegation that the APC did not conduct a lawful primary election that produced Sylva.
He added that, from the uncontroverted independent report of INEC, it was clear beyond any doubt that a valid primary election was conducted by the APC and monitored by INEC as required by law.
He dismissed the police reports tendered by the plaintiff, which claimed that no primary election was conducted by the APC.
He added that the purported police reports were worthless and products of illegality because the police were not mandated by any provisions of law to do what they did in favour of the plaintiff.
The judge faulted the police reports for not being on police letterhead papers to give them a semblance of originality and held that the duty of the police at primary elections is to give protection and safety to election materials and voters.
Besides, Justice Ekwo held that most of the documents brought by the plaintiff were done through the back door, in disregard for the well-known established procedures.
The court threw out the suit because it was not filed within 14 days from the date the subject matter occurred; hence, it became an academic matter.
The judge added that since the court is not an academic institution, it would not dabble in such a matter.
“In all, I find the case of the plaintiff to be weak, having not been established by the preponderance of evidence as required by law.
In the same vein, the case of the plaintiff, having been demolished by overwhelming exhibits tendered by APC and Timipre Sylva, has no legs to stand upon in the face of the law.
“I make an order dismissing this case, and it is hereby dismissed for lacking in merit,” the judge held.
The plaintiff had, by an originating summons, dragged APC, INEC, and Sylvia before the Court, praying for an order to disqualify Sylva from participating in the coming November governorship election in Bayelsa State.
He predicated his grouse against Sylvia on two grounds: that Sylva had been elected into the governorship office twice and took the oath of office and oath of allegiance twice, while he also claimed that the April 14 primary election that produced Sylva was illegal and unlawful, having been allegedly done in contravention of APC’s guidelines.
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