By Seyi Babalola
The governorship candidate of the All Progressives Congress, APC, in the November 11 governorship election in Bayelsa state, Chief Timipre Sylva, has demanded the immediate withdrawal of the amended list of candidates for the election in the state.
The Independent National Electoral Commission, INEC, on Wednesday, released amended list of candidates for the election without his name included.
Justice Donatus Okorowo of a Federal High Court sitting in Abuja, had in a judgement about two weeks ago disqualified Sylva, a former governor of the state from contesting the election.
Not satisfied with the judgement, Sylva approached the Court of Appeal, through his lawyer, Dr Ahmed Rajin, SAN, to challenge the decision of the court.
But while the appeal is pending, INEC released list of candidates for the election without the inclusion of Sylva’s name.
In a letter to the commission, through Dr Raji, dated October 25, Sylva described the decision of the electoral umpire as prejudicial.
Sylva said he received the publication from INEC with rude shock and added that the judgement the commission acted upon had already been appealed against at the Court of Appeal.
Dr. Raji said in the letter, “We are the Solicitors to the Chief Sylva Timipre, the Appellant in the above appeal and we have his firm instruction to write this letter to respectfully demand for the immediate withdrawal of the amended list in so far as it concerns Bayelsa State.
“Our Client received with rude shock a publication emanating from your esteemed Commission on the above subject matter, principally on the alleged removal of the name of Chief Sylva Timipre Marlin, as the All Progressives Congress Governorship Candidate for the forthcoming November 11, 2023 Governorship Election.
“Dear sir, you will recall that the Judgment in issue, that arose from the above suit was delivered on the 9th October, 2023 and our Client being an ardent and firm believer in the efficacy of the judiciary and the rule of law, immediately filed an appeal within 24 hours of the Judgment, on the 10th October, 2023.
In addition to the notice of appeal, our Client expeditiously compiled the record of appeal and transmitted same in less than 10 days. The appeal was successfully entered on the 18 October,2023, with Appeal No. CA/ABJ/CS/1060/2023.
“The above being the case, the Commission as a respected arbiter and law abiding institution is expected to respectfully wait for the outcome of the appeal, before taking any step that may be prejudicial to any of the parties, particularly, our Client.
“This is in view of the fact that the parties that went to court are not candidate in the forthcoming election, unlike our Client.
In other words, they do not have anything to lose, rather, they are fighting proxy battles to deny our Client and his party the opportunity to participate in the forthcoming election.
We know that the Commission has always been consistent in a matter like this, to wait until the entire appellate process and proceedings are completed, one way or the other.
“This is not only consistent with the administrative and policy convenience but also with the Electoral Act and the Constitution, in all election related matters. To hold otherwise, is to breed instability.
For instance, upon a High Court’s Judgement, the Commission removes a Candidate’s name and the candidate expectedly proceeds to the Court of Appeal, and the Court of Appeal restores the name, the Commission would follow suit, and eventually, the matter goes to the Supreme Court and the Supreme Court decides one way or the other.
“This will bring instability and disharmony to governance. Hence, the Commission’s age long position to await the final decision of the Supreme Court, once evidence of an a::eal has been demonstrated and showed.
“The Appellant has shown speed and determination to expeditiously prosecute the appeal, by filing the Appellant’s brief of argument and served same. The Court has also played their judicial role admirably by granting an accelerated hearing: of the matter to this Friday 27th October,2023. Your esteemed office may also wish to respectfully, take notice, that the matter may go to the supreme court, as the apex court. Consequences of the removal of Chief Syiva Timpre Marlin, the APC Governorship’s candidate from the list of candidates;
“It is also, imperative to note that the Court of Appeal and the potential appeal that may emanate from the Court of Appeal’s decision would also have been prejudiced by your decision of the removal of our Client’s name. All parties including the Commission are before the court and have joined issues.
The Court and not the Commission should humbly be allowed to determine this issue one way or the other, without being overreached by the Commission’s decision.
“It is our humble prayers that the Commission should as matter of urgency withdraw and suspend the said Amendment No. 1, with respect to Bayelsa State and allow the due process of law to prevail.”
