The Federal High Court in Abuja has delivered a verdict disqualifying Chief Timipre Sylva, the All Progressives Congress (APC) governorship candidate, from participating in the upcoming November 11 gubernatorial election in Bayelsa State.
This decision comes as a result of a lawsuit, filed under suit number FHC/ABJ/CS/821/2023 on June 13, 2023, by Deme Kolomo, a member of the APC, challenging Sylva’s eligibility.
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Justice Donatus Okorowo, the presiding judge, handed down the ruling, citing concerns that Sylva, who had previously served as the governor of the state and was sworn in twice for a total of five years, would violate the 1999 constitution as amended if allowed to run for office again.
Furthermore, Justice Okorowo declared that Sylva was not qualified to contest in the November election because, if elected and sworn in, he would exceed the constitutionally mandated maximum of eight years in office as governor.
The judge referenced the precedent set in the case of Marwa vs. Nyako at the Supreme Court, highlighting that the framers of the country’s constitution explicitly stated that no individual should be eligible for election as governor more than two times. In this case, it was agreed upon that Sylva had already been elected into office twice.
Justice Okorowo emphasized that the Supreme Court’s ruling in Marwa vs. Nyako established that no one can expand the constitution or its scope. Allowing Sylva to contest the upcoming election, according to the judge, would set a precedent where individuals could compete for the same office as many times as they desired.
