Bayelsa Guber: APC Chieftain Seeks Disqualification Of Former Minister, Sylva

A member of the All Progressives Congress (APC), Demesuoyefa Kolomo, has approached the Federal High Court in Abuja, seeking an order for the Independent National Electoral Commission (INEC) to remove the name of Timipre Sylva, former Minister of State for Petroleum, from the list of candidates contesting the governorship election in Bayelsa scheduled for November 11. Kolomo, represented by his lawyer Prof. Abiodun Amuda-Kannike, SAN, filed a suit against Sylva, APC, and INEC as the first to third defendants, respectively.

Kolomo posed two questions for the court’s determination. Firstly, he questioned whether Sylva, who had previously served as Governor of Bayelsa on two occasions, in 2007 and 2008, was eligible to contest the upcoming election based on Section 82 (1)(b) of the 1999 Constitution (as amended). Secondly, he questioned whether Sylva, who held the office of Governor from 2007 to 2008 and again from 2008 to 2012, was qualified to seek re-election for another four-year term in accordance with Section 180(2)(a) of the 1999 Constitution (as amended).

Kolomo sought a declaration that, as per Section 182(1)(b) of the 1999 Constitution (as amended), Sylva was not qualified to contest the governorship election on the APC’s or any other party’s platform. He also requested an order instructing INEC to remove Sylva’s name from the list of candidates for the governorship election on the APC’s or any other party’s platform.

In an attached affidavit, Kolomo stated that he was not only a member of the APC but also a registered voter in Bayelsa. He claimed that Sylva was initially elected as Governor of Bayelsa on April 14, 2007, and assumed office on May 29, 2007. However, on April 15, 2008, the Court of Appeal nullified his election, leading to his removal from office. Sylva was reelected on May 24, 2008, and served as Governor until January 27, 2012. Kolomo mentioned that INEC recently published the names of governorship candidates for the state, including Sylva’s name.

Kolomo argued that he was driven by the desire to uphold Sections 180(2)(a) and 182(1)(b) of the 1999 Constitution, to ensure adherence to the rule of law, and to determine Sylva’s eligibility based on the aforementioned facts. He emphasized that the constitutional issue raised by the lawsuit was of significant importance to him as a voter and to others in the state, as they did not want to vote for an ineligible candidate and have their votes wasted.

During the court proceedings, Amuda-Kannike informed the court that the APC and INEC had been served with the necessary documents, but the bailiff was unable to serve Sylva. As a result, they filed a motion for substituted service, citing Order 6, Rule 5 of the court. The presiding Judge, Justice Donatus Okorowo, granted the application and adjourned the case until June 26 for the hearing.

Timipre Sylva, the subject of the lawsuit, previously served as the Governor of Bayelsa under the Peoples Democratic Party (PDP). In 2006, he participated in the PDP governorship primaries, challenging then-candidate Goodluck Jonathan, who later became the President. Sylva won the election in 2007 and assumed office but was later removed from