Bayelsa Governorship Election Latest: Timipre Sylva Asks Supreme Court To Determine PDP Candidate
Bayelsa State Governor, Timipre Sylva, has asked the Supreme Court to invoke section 22 of the Supreme Court statute to hear and determine the case he filed before a Federal High Court Abuja to stop the Peoples Democratic Party (PDP) from submitting any other name other than his to the Independent National Electoral Commission (INEC) as candidate for the state governorship election.
In a cross appeal filed by his lawyer, Prince Lateef Fagbemi (SAN); Sylva asked the apex court to consider the urgency and circumstances of the case and invoke Section 22 of its enabling statute and hear the case as if it were the high court.
If the court agrees with him, it will hear the originating summons filed by Sylva at the Federal High Court. Both Sylva and PDP are before the apex court because they were dissatisfied with the judgment of the Abuja Court of Appeal.
The court of appeal had held that Sylva was right to have filed his case against PDP at the Federal High Court but added that the trial judge, Justice Gabriel Kolawole, went too far when he threatened to sanction PDP and INEC if they failed to appear before it within 72 hours to show cause why he should not grant Sylva all the reliefs he sought from the court.
In his appeal, Sylva said that the court of appeal erred in law when it held that the pronouncement of the trial judge, asking the respondents to show cause and also warning the respondents from taking any action which would foist upon the court a hopeless situation without hearing the respondents amounted to pre-judging the issue before him.
In his appeal, Sylva said that the court of appeal erred in law when it held that the pronouncement of the trial judge, asking the respondents to show cause and also warning the respondents from taking any action which would foist upon the court a hopeless situation without hearing the respondents amounted to pre-judging the issue before him.
He argued that a court of law had the responsibility of protecting the sanctity of its proceedings.
But PDP, in its own appeal, said the court of appeal erred in law when it held that the federal high court had jurisdiction to hear Sylva's case. It asked the court to strike out the case.
Sylva, however, asked the court to grant all the reliefs he asked for at the high court.
Meanwhile, a fresh suit was Monday filed at the Federal High Court in Abuja to stop INEC from accepting the nomination of Seriake Dickson as the PDP candidate for the state governorship election. The plaintiff, Orufa Jusline Bolou, who claimed to be a governorship aspirant in the state, is asking the court to order a fresh nomination of gubernatorial candidate in Bayelsa state in accordance with the amended constitution and the Electoral Guidelines for Primary Elections 2010 of the PDP.
The plaintiff premised his request on the ground that PDP did not comply with the Electoral Act and its constitution in conducting the November 19 primary election. The PDP, its standard bearer, Seriake Dickson and the Independent National Electoral Commission INEC are joined as 1st to 3rd defendants respectively.
Several controversies have in recent time been trailing the nomination of Dickson as the PDP standard bearer in the state.
It will be recalled that the incumbent, Governor Timipre Sylva is in court to challenge the primary election that brought in Dickson. This development prompted the electoral body to expunge Dickson’s name from the ballot paper.
However, a Federal High Court sitting in Abuja had last Wednesday granted an ex-parte order compelling INEC to re-list Dickson's name.
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