Bayelsa Governorship Primary Election Latest: Timipre Sylva Accuses PDP Of Judicial Fraud

As the battle for the gubernatorial ticket of the Peoples Democratic Party, PDP, for Bayelsa State  moves to the Court of Appeal, Abuja Division, Governor Timipre Sylva on Thursday drew the attention of a five man panel of the court to the “fraudulent” manner through which the party invoked the court’s jurisdiction in order to stall the hearing and determination of the substantive matter pending at the Federal High Court, also in Abuja.

In an apparent bid to frustrate the case file by the embattled governor, the party had filed an appeal challenging the ruling of the trial court which warned against taking steps relating to the recently held governorship primary election in the state. The warning was however ignored by the party.

Determined to escape the wrath of the trial court, the party filed an application for stay of proceeding at the Court of Appeal instead of the Federal High Court, clearly suggesting that the record of proceedings of the court below would then be transmitted to the appellate court for proceedings to continue there. 

Under the rules, parties are not allowed to approach the appellate court, except under special circumstances that the record of proceedings at the court below is compiled and transmitted by its registry. The party through this legal tactics forced Governor Silva’s lawyer, Prince Lateef Fagbemi, a senior advocate of Nigeria to concede to the stay of proceedings being granted.

During proceedings at the Court of Appeal on Thursday, Fagbemi decried the fraudulent invocation of the court’s jurisdiction, pointing out that “whereas the appellant, PDP, gave the impression that the record of proceeding at the trial court was compiled by the court registry and transmitted by it, it was all a fraud.”

“The appellants gave the impressions that the record of proceeding at the court below was compiled and transmitted by its (court’s) registry whereas it was compiled and transmitted by the appellants themselves. And because they made it seem like it was record compiled and transmitted by the court below, we had no choice than to concede. What I am saying is that they got us all here fraudulently. It is by fraud we are here without first getting a stay”, Fagbemi submitted.

The bubbles burst as to how the record of the court below was compiled when counsel to PDP’s Acting National Chairman, Mr. Tayo Oyetibo, also a senior advocate of Nigeria requested for a departure from the rules. That application was to cure the defect of it compiling and transmitting the records instead of the court itself doing so.

In the court’s reaction, the Presiding Justice, Zainab Bulkachuwa told Fagbemi that if he had an issue with the court record compiled by the appellants, he should file the necessary application for consideration. She accordingly adjourned till 12th December for hearing while directing parties to file and exchange their written briefs before then.

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