Bayelsa Poll: I was only elected once as governor, Sylva tells court
Mr. Timipre Sylva, the candidate of the All Progressives Congress (APC) in the Nov. 11 governorship election in Bayelsa, says he was never elected as the state’s governor on two occasions.
Sylva, the immediate-past Minister of State for Petroleum, refuted the allegations that he was previously elected as Bayelsa governor on April 14, 2007, and May 24, 2008.
He told Justice Donatus Okorowo of the Federal High Court, Abuja, in a counteraffidavit he personally deposed to and filed by his lawyer, Adelani Ajibade.
Supreme News reports that the application was in reaction to the originating summons filed by Chief Demesuoyefa Kolomo, a member of the APC, praying the court to order INEC to delete Sylva’s name from the list of candidates contesting the Nov. 11 governorship poll.
Kolomo had asked the court to determine whether, having regard to the indisputable fact that Sylva occupied the office of governor of Bayelsa from May 29, 2007 to April 15, 2008, and May 27, 2008 to January 27, 2012, he is qualified to contest and be elected for another four-year term in view of Section 180(2)(a) of the 1999 Constitution (as amended).”
Reacting in the counter affidavit marked FHC/ABJ/CS/821/23, dated and filed June 27, the ex-minister averred that, except otherwise expressly stated, all the facts deposed to in the application were within his personal knowledge, information, and belief.
Although Sylva admitted he was a former governor of Bayelsa, he stressed that he had only been elected once as the state’s governor, insisting that there was no election in 2007.
“I have only occupied the Office of the Governor of Bayelsa State on one occasion.
“I was elected as the governor of Bayelsa State on May 27, 2008.
“Contrary to Paragraph 5 of the affidavit (attached to the originating summons), I know that by virtue of the Court of Appeal judgment referred to, which is now reported as Amgbare vs. Sylva (2009) 1 NWLR (Pt. 1121), there was no election in Bayelsa State in 2007,” he said.
The former minister, therefore, said that he was within his constitutional and legal rights to contest the governorship poll in November.
According to him, the provisions of Sections 180 (2)(a) and 182 (1)(b) are not applicable to me in this circumstance and cannot validly and legally disqualify me from contesting the election for the office of governor of Bayelsa State.
He said he was validly elected on April 15, defeating five other aspirants in a primary poll that was keenly contested and monitored by the Independent National Electoral Commission (INEC).
Sylva said on May 12 that his name was published by INEC as an APC candidate in the Nov. 12 election.
He said the questions raised in the suit were raised in bad faith and malice.
“I make this affidavit in good faith, believing the contents to be true and in accordance with the provisions of the Oaths Act,” he said.
Supreme News reports that Sylva had, on Monday through Ajibade, told Justice Okorowo that he would respond to Kolomo’s suit, and the judge fixed July 3 for the hearing.
In the originating summons marked FHC/ABJ/CS/821/2023 dated and filed June 13, Kolomo had sued Mr. Sylva, APC, and INEC as the 1st and 3rd defendants, respectively.
Kolomo, who sought two questions for determination, prayed for a declaration that, by virtue of Section 182(1)(b) of the 1999 Constitution (as amended), Sylva was not qualified to contest the election to the office of the governor of Bayelsa on the APC’s platform or on any other political party’s platform in the election scheduled for sometime in November or any other time for that matter.
In the affidavit attached, Kolomo deposed that, besides being an APC member, he was also a registered voter in the state.
He said INEC recently published the names of governorship candidates for the state, including Sylva’s name.
The plaintiff said he was motivated by the need to vindicate Sections 180 (2)(a) and 182 (1)(b) of the 1999 Constitution, the rule of law, and the applicability of the same as it relates to Sylva based on the above facts.
Kolomo also averred that the question raised by the instant suit was a constitutional one and of grave importance to him as a voter and other voters in the state so that they would not vote for someone who was not qualified to contest in the poll and had their votes wasted at the end of the day.
NAN reports that Sylva served as Bayelsa governor on the Peoples Democratic Party's (PDP) platform.
The former minister had, in 2006, joined the PDP governorship primaries, challenging ex-President Goodluck Jonathan, who at that time was vying for same position
However, after Sylva emerged as the PDP candidate, he went on to win the election in 2007 and succeed Jonathan, who had also become the Vice President to the late President Umaru Yar’Adua.
But Sylva’s opponent in the 2007 election, Ebitimi Amgbare of the defunct Action Congress (AC), challenged his victory.
While the Bayelsa State Election Petitions Tribunal upheld Sylva’s election, Amgbare took the matter to the Appeal Court in Port Harcourt, Rivers, which upturned the tribunal’s decision and nullified Sylva’s election on April 15, 2008.
The five justices of the Court of Appeal were unanimous in their decision and ordered that Speaker Werinipre Seibarugo be sworn in to replace Sylva as acting governor, with a new election to be held within 90 days as stated in the Electoral Act.
When a new election was held on May 24, 2008, Sylva was again overwhelmingly elected with 588,204 out of about 598,000 votes and was sworn in.
But on Jan. 27, 2012, his tenure was terminated by the Supreme Court, with an acting governor appointed to oversee the state until the February 2012 election, won by Seriake Dickson.
