Hearing in a lawsuit seeking the disqualification of Mr. Timipre Sylva of the APC from the Bayelsa governorship election on November 11th was delayed due to the plaintiff’s counsel, Prof. Abiodun Amuda-Kannike, SAN, being unable to serve the Independent National Electoral Commission (INEC) with the necessary documents.
The lawyer representing the APC, Denis Otiotio, brought the absence of INEC’s counsel to the attention of Justice Donatus Okorowo of the Federal High Court in Abuja, resulting in the proceedings being unable to proceed.
When the case was called, Amuda-Kannike, representing the plaintiff, Chief Demesuoyefa Kolomo, informed the court that they were prepared to proceed with the hearing.
However, Otiotio argued that INEC should be served with all the applications filed in court, even though Sylva was present in court with his lawyer, Babayemi Olaniyan.
Justice Okorowo then asked Amuda-Kannike if INEC had been served and whether there was any proof of service in the court record.
The senior lawyer admitted that INEC had not been served with fresh processes, despite efforts made to do so.
The judge then presented the option to either proceed without INEC’s representation or seek an adjournment.
“We are ready to take the risk to continue, my lord, because the Supreme Court says INEC should be an unbiased umpire in matters like this,” responded Amuda-Kannike.
However, Otiotio insisted that the commission should be served before proceeding, emphasizing the importance of fair hearing. He also pointed out that not all the processes in the matter had been served on INEC, except the originating summons.
Consequently, the judge adjourned the hearing until July 10th. Justice Okorowo ordered that a hearing notice be served on INEC and directed all parties to ensure the proper exchange and service of all processes.
Chief Demesuoyefa Kolomo, a member of the APC, filed the lawsuit, seeking an order from the court to remove Sylva’s name from the list of candidates contesting the November 11th governorship election..
The originating summons, dated June 13th and filed with the court, named Sylva, the APC, and INEC as the 1st to 3rd defendants, respectively.
In the affidavit attached to the lawsuit, Kolomo stated that, apart from being an APC member, he was also a registered voter in the state.
He argued that Sylva’s previous tenure as governor of Bayelsa from May 29, 2007, to April 15, 2008, and May 27, 2008, to January 27, 2012, raised doubts about his eligibility to contest in the upcoming election.
Kolomo sought the court’s interpretation of Sections 180(2)(a) and 182(1)(b) of the 1999 Constitution and the applicability of these provisions to Sylva based on the aforementioned facts.
In a counter affidavit, Sylva asked the court to dismiss the suit, stating that it lacked merit.
He denied being elected as the state’s governor on two occasions and refuted the allegations that he had previously served as Bayelsa governor on April 14, 2007, and May 24, 2008.
Sylva clarified that he had only been elected once as the state’s governor, despite his previous tenure as governor of Bayelsa.
