The Court of Appeal in Abuja has reversed the nullification of the candidature of the All Progressives Congress, APC, Timipre Sylva.
Justice Binta Zubairu, while delivering the lead judgment, held that Justice Donatus Okorowo of the Federal High Court was wrong in ordering the sack of Sylva as a candidate of the APC, in the November 11 Governorship Election in Bayelsa State.
According to the Court, the trial court erred in having assumed jurisdiction in the matter on grounds that the plaintiff at the Federal High Court lacked the necessary locus standi to initiate the suit in the first place, having not participated in the primary election that produced Sylva as the flag bearer of the APC in the forthcoming election.
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The appellate court further held that the issue of jurisdiction is fundamental in an election matter, and since the lower court had no jurisdiction in the first place, all actions taken in the matter are declared nullity.
In addition, the appellate court stated that once a judgment is found to have been delivered without jurisdiction, “no matter how sound” it may be, “it is an exercise in futility”.
The court also awarded a cost of N1 million in favour of Sylva.
INEC would have to relist Sylva as a candidate of the APC for the governorship election in Bayelsa State, as a result of the appellate court judgement.
(Editor: Ifeanyi Mark)
