Less than 24 hours after a judgement of a Federal High Court, Abuja, disqualified him from participating in the November 11, 2023, governorship election in Bayelsa State, the All Progressives Congress, APC, candidate in the election, Chief Timipre Sylva, has asked the Court of Appeal, Abuja Division, to set aside the judgement.
Apart from the notice of appeal, Sylva, through his lawyer, Dr Ahmed Raji, SAN, also filed a stay of execution of the judgement.
Shortly after the appeal was filed, Dr Raji said the high court judgement is against settled principles of law and notable precedents. The chances of success at the appeal court are very high.
He said the appeal raises three fundamental issues touching on jurisdiction, locus standi and wrongful evaluation of affidavit evidence.
In a judgement delivered late Monday night, Justice Donatus Okorowo of the high court disqualified the APC candidate on the ground that Sylva has been sworn- in twice and ruled for five years as governor of Bayelsa State.
According to the court, standing for another election as governor would breach the 1999 Constitution as amended.
In the motion on notice, dated October 10, 2023, praying the court to stay execution of the judgement, Sylva, through his counsel, Dr Raji, SAN, prayed for an order of the court staying execution and/or further execution of the entire judgement and the orders contained in the judgment of the court, delivered on the 9th October, 2023, pending the hearing and final determination of the appeal lodged against the judgement and orders of this court before the Court of Appeal, Abuja.
He also prayed the court for an injunction, restraining the respondents from implementing and/or giving effect to the declaratory and executory orders contained in the judgment.
In the appeal, also dated October 10, 2023, Sylva, a former governor of the state and the immediate past minister of state for petroleum resources, raised three grounds of appeal.
According to him, Justice Okorowo in his judgement wrongly assumed jurisdiction by delving into the internal affairs of his party, APC, which is a non-justiciable cause of action and thereby occasions a grave miscarriage of justice.
He said the trial court has a duty to understand the case presented by the parties and apply the law correctly.
In ground two, the former governor said Justice Okorowo erred in law when he wrongly conferred, allowed and adjudicated on the matter when the respondent has no locus standi to initiate or institute the action having confessed not to have participated in the primary election that produced him as the governorship candidate of the APC, thereby occasioned a grave miscarriage of justice against him.
He said the court failed to properly evaluate, determine and pronounce on his notice of preliminary objection challenging the competence of the suit and thereby breached his right to fair hearing and guaranteed by the 1999 constitution of the Federal Republic of Nigeria.
No date has been fixed for the hearing of the appeal.
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