The Court of Appeal sitting in Abuja has, in a dramatic turn of events, overturned the earlier nullification of Chief Timipre Sylva as the governorship candidate of the All Progressives Congress (APC) for the forthcoming election in Bayelsa state.
In a lead judgment that was delivered by Justice Binta Zubairu, the court faulted Justice Donatus Okorowo’s ruling of the Federal High Court that ordered Sylva’s removal as the APC candidate for the November 11 governorship election.
The appellate court held that the trial court had overstepped its jurisdiction by assuming that the plaintiff at the Federal High Court had the legal standing to initiate the suit.
The plaintiff had not participated in the primary election that had led to Sylva’s selection as the APC flag bearer for the upcoming election.
Justice Zubairu emphasized that because of the critical nature of jurisdiction in election matters, and since the lower court had no jurisdiction from the outset, it rendered all actions taken in the matter null and void.
Furthermore, the appellate court made it clear that a judgment delivered without jurisdiction, no matter how seemingly sound, is ultimately futile.
As a result, the decision of Justice Donatus Okorowo, which had previously nullified Sylva’s participation in the November 11 election, was voided by the appellate court.
With this ruling, the Independent National Electoral Commission (INEC) is obliged to reinstate Sylva as the APC candidate for the governorship election in Bayelsa State.
Recall that the electoral umpire had delisted Sylva’s name from its portal following an earlier ruling by the Federal High Court.
