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Tag: Bayelsa State

  • Bayelsa poll: INEC restores Sylva’s candidacy

    Bayelsa poll: INEC restores Sylva’s candidacy

    The Independent National Electoral Commission (INEC) has re-amended its list of candidates for Bayelsa governorship election, restoring the names of Timipre Sylva of the All Progressives Congress (APC), earlier removed by the commission.

    “The Amendment No 2: Amended list of candidates for the 2023 Bayelsa state governorship election pursuant to court orders” published on INEC website on Monday, was signed by the Secretary to the Commission, Rose Oriaran-Anthony.

    Oriaran-Anthony explained that the release of the list “Amendment No 2” in which names of Sylva and his ruining mate, Joshua Maciver, were re-added was in obedience to the judgment of the Court of Appeal.

    Recall INEC had on Tuesday, Oct 24, uploaded an amendment list on its website with name of Sylva and his running mate removed in obedience to order of a Federal High Court.

    Oriaran-Anthony recalled that the final list of candidates for the 2023 Bayelsa Governorship Election was amended on Oct. 16.

    This according to her is pursuant to the Order of the Federal High Court in Suit No-FHC/ABJ/CS/821/2023 in respect of the nomination of the APC candidate.

    Oriaran-Anthony added that “the Court of Appeal in a judgement delivered on Oct. 31, 2023 in Appeal No-CA/ABJ/CV/1060/2023 set aside the judgement of the lower court cited above.

    “By virtue of the provisions of Section 287 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the commission is bound to enforce the Orders of Court on nomination of candidates by political parties in the State.

    “The list of candidates in respect of the 2023 Bayelsa State Governorship election is hereby amended in Amendment No 2 pursuant to the judgement of the Court of Appeal,” Oriaran-Anthony said.

    With the amendment list no 2, the number of candidates for Bayelsa has being restored to 16.

    On Oct. 31, the Court of Appeal in Abuja set aside the October 9 judgment given by Justice Donatus Okorowo of the Federal High Court, Abuja nullifying the nomination of Sylva as the candidate of the All Progressives Congress (APC) in the Bayelsa governorship election scheduled for Nov. 11.

    A Federal High Court had on Oct. 9  disqualified Sylva from the contest following a suit by a member of the APC in the state, Demesuoyefa Kolomo.

    Kolomo in the suit marked FHC/ABJ/CS/821/2023, had asked the court to determine whether Sylva was qualified to contest in the election, having occupied the office of governor of Bayelsa from May 29, 2007, to April 15, 2008, and May 27, 2008 to Jan. 27, 2012.

    Ruling, Justice Donatus Okorowo held that allowing Sylva to contest again would breach the provisions of the 1999 constitution, having been sworn in twice and ruled for five years as a governor of the state.

    Justice in the judgment also said Sylva would spend more than eight years in office if allowed to participate in the election and eventually win.

    In a unanimous decision by a three-man panel on Tuesday, the appellate court held that the litigant who initiated the suit that led to Sylva’s disqualification lacked the locus standi to do so.

    The court, however, set aside the judgment of the high court and awarded a cost of N1 million against the respondent, Kolomo.

  • Bayelsa poll: Appeal Court reverses Sylva’s disqualification as APC guber candidate

    Bayelsa poll: Appeal Court reverses Sylva’s disqualification as APC guber candidate

    The Court of Appeal in Abuja, on Tuesday, affirmed Mr Timipre Sylva as the validly elected candidate for the All Progressives Congress (APC)’s in the Nov. 11 Bayelsa governorship election.

    The three-member panel, in a unanimous judgment, held that the trial court which nullified Sylva’s candidature lacked jurisdiction to entertain the suit filed by an APC member, Mr Demesuoyefa Kolomo, having not been an aspirant in the primaries that produced the ex-minister of petroleum.

    The court also awarded the sum of N1 million in favour of the appellant (Sylva) in the first appeal marked: CA/ABJ/CV/1060/2023 between APC and Kolomo.

    The panel equally awarded the sum of N1 million in favour of Sylva in the appeal marked: CA/ABJ/CV/1061/2023 between Sylva vs. Kolomo and two others.

    Sylva’s appeals were against the Oct. 9 judgment delivered by Justice Donatus Okorowo of a Federal High Court (FHC), Abuja, which disqualified Sylva as candidate in the Nov. 11 election.

    Kolomo, who described himself as a registered voter, had, in the suit marked: FHC/ABJ/CS/821/2023 filed on June 3, prayed the court to delete Sylva’s name from the list of candidates vying for the election, having taken an oath of office twice as governor of the state.

  • Bayelsa election: Appeal Court reserves judgement in Sylva, APC’s appeals

    Bayelsa election: Appeal Court reserves judgement in Sylva, APC’s appeals

    The Court of Appeal, Abuja, on Friday, reserved judgment in the appeals filed by Mr Timipre Sylva, the All Progressives Congress (APC)’s candidate in the Nov. 11 governorship election in Bayelsa and the party.

    A three-member panel of the court, led by Justice Haruna Tsammani, made this known after counsel to the parties made their final submissions and adopted their written briefs.

    The appeals were against the Oct. 9 judgment delivered by Justice Donatus Okorowo of a Federal High Court (FH’), Abuja, which disqualified Sylva as candidate in the election.

    A member of the APC, Demesuoyefa Kolomo, who described himself as a registered voter, had, in the suit marked: FHC/ABJ/CS/821/2023 filed on June 3, prayed the court to delete Sylva’s name from the list of candidates vying for the election, having taken an oath of office twice as governor.

    When the case was called, lawyer to Sylva, Akinlolu Kehinde, SAN, and counsel to the APC, K. O. Balogun, urged the court to allow the appeals, set aside the Oct. 9 judgment and affirm Sylva’s candidacy.

    Kehinde observed that Kolomo claimed the matter was a public interest action and that it was based on Sections 180 and 182 that the suit was filed.

    The senior lawyer, however, argued that in his first oath taking, Sylva only spend 6 months, three weeks and two days in office before the election was annuled.

    He wondered why the trial court would have given judgment in Kolomo’s favour, having not.participate in the primary election that produced Sylva as an aspirant in accordance with Section 285.

    He submitted that Koloma lacked locus (legal right) to institute the suit, hence, it ought to have been dismissed.

    “Section 285 strictly defines that you must be an aspirant to challenge an election and there is a timeframe within which to challenge the poll,” he said.

    “We urge this honourable court to look at our processes and agree with us that the judgment was an hatchet job just to tie this man (Sylva) not to campaign and participate in the election,” he said.

    He said presently Sylva’s name had been removed from INEC’s list of candidates for the poll, urging the court to allow their appeals.

    Balogun also argued that it was wrong for the trial court to have entertained the suit by Kolomo because he lacked the locus to approach the court.

    He faulted the decision of Justice Okorowo, to the effect that Sylva took oath of office twice as Governor of Bayelsa State.

    Balogun said: “In 2007 he (Sylva)  was elected the Governor of Bayelsa State, but within few months, the Court of Appeal (which was then the final court for governorship election petition) sacked him.

    “He contested again in 2008 and won. The eight months that he earlier spent in office was nullified,” he said, arguing that the FHC should not have agreed with Kolomo because those months were voided by the court.

    “What he (Kolomo) is doing is fighting a proxy war. He cannot be a member of the APC and be fighting to destroy its candidate and chances at the election.

    “What the 1st respondent (Kolomo) is asking this court to do is to deem the nullified months as 4 years,” Balogun said.

    Members of the court’s panel also wondered why Kolomo, who claimed to be a member of the APC, but not an aspirant, who participated in the party’s primary, would want to destroy his party’s chance in an election.

    They said instead, he would have voted for another party in the poll if he assumed Sylva did not deserve his vote.

    The panel also condemned attitude of counsel who failed to advice their clients appropriately on such issues, saying “it is a moral issue.”

    Balogun later informed the court that his client filed a motion to compel INEC to reverse its decision to remove Sylvia’s name from the list of candidates for the election.

    Justice Tsammani said since the court had chosen to hear the main appeals, it was unnecessary to hear any interlocutory motions.

    Lawyer to Kolomo, Prof. Abiodun Amuda-Kanike, SAN, urged the court to dismiss the appeal and affirm the judgment of the trial court.

    INEC’s lawyer, Ahmed Mohamed, also prayed the court to dismiss both appeals.

    After taking all the arguments, the panel reserved judgment in the appeals at a later date to be communicated to parties.

  • What APC said about INEC delisting Sylva from Bayelsa guber

    What APC said about INEC delisting Sylva from Bayelsa guber

    The All Progressives Congress (APC) says delisting its candidate, Chief Timipre Sylva from the list of governorship candidates for Nov. 11 Bayelsa governorship election by the Independent National Electoral Commission (INEC) is premature.

    Mr Felix Morka, the party’s National Publicity Secretary said this in a statement in Abuja.

    “The attention of the APC has been drawn to the updated list of gubernatorial candidates for the Nov. 11 governorship election in Bayelsa by INEC, which excluded our candidate’s name, Chief Timipre Sylva.

    “This action by INEC may not be unconnected with the High Court judgement of Oct. 9 which disqualified Chief Timipre Sylva as candidate of our party.

    “Our candidate and party promptly appealed that judgment and brought other processes seeking stay of the judgment’s execution.

    “Recognising the extreme urgency of the matter, the Court of Appeal granted an order of accelerated hearing of the matter now fixed for definite hearing on Friday Oct. 27,” Morka said.

    He added that INEC was a party in the matter and had been served with all relevant filings and orders regarding the matter.

    He said that delisting APC’s candidate in the circumstances as INEC had done, was clearly premature and could preempt the outcome of the valid appeal in the matter.

    He said that removing the party’s candidate from the list of governorship contestants in Bayelsa would foist a situation of helplessness on the appellate court, the candidate and the party should the  appeal succeed.

    Morka urged INEC to withdraw its amendment under reference in the interest of fairness.

    He appealed to the people of Bayelsa, especially APC’s teeming members and supporters, to remain calm while the judicial process runs its full course.

    He expressed confidence that the party’s candidate would be victorious both at the Court of Appeal and at the poll.

    Justice Donatus Okorowo of the Federal High Court, Abuja, in a judgement delivered on Oct. 9, disqualified Sylva from featuring in the Nov. 11 governorship election.

    Okorowo ruled that Sylva having been sworn in twice and ruled for five years as governor of Bayelsa would breach the 1999 constitution as amended if allowed to contest again.

  • Bayelsa election: Sylva’s lawyer writes INEC to withdraw amended candidates’ list

    Bayelsa election: Sylva’s lawyer writes INEC to withdraw amended candidates’ list

    Mr Ahmed Raji, SAN, has written to the Independent National Electoral Commission (INEC), demanding immediate withdrawal of the amended list of candidates released for the Bayelsa State governorship election.

    Raji, who is counsel to Chief Timipre Sylva, candidate of the All Progressives Congress (APC) in the November 11 Bayelsa election, described the decision of the electoral umpire as prejudicial.

    INEC had, earlier today, released an amended list of candidates vying in the election without including Sylva’s name.

    Justice Donatus Okorowo of a Federal High Court, Abuja, had, on October 9 in a judgement, disqualified Sylva, a former Governor of the State, from contesting the election.

    Unsatisfied with the judgement, Sylva approached the Court of Appeal, through his lawyer, Raji, to challenge the decision of the court.

    But while the appeal is pending, INEC released a list of candidates for the poll excluding the APC candidate’s names.

    In a letter to the commission dated October 25, Raji said he had the firm instruction of Sylva to respectfully demand for the immediate withdrawal of the amended list.

    The senior lawyer said it was shocking for the INEC to release such a publication when the judgement the commission acted upon had already been appealed against at the Court of Appeal.

    “Dear sir, you will recall that the judgement 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 judgement, on the 10th October, 2023.

    “In addition to the notice of appeal, our client expeditiously compiled the record of appeal and transmitted the same in less than 10 days.

    “The appeal was successfully entered on the 18th 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 candidates 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,” he said.

    According to him, 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.

    Meanwhile, the Court of Appeal in Abuja, has scheduled a hearing for Friday in the appeal filed by Slyva.

    Sylva and APC are, by their suits, praying the Court of Appeal to set aside the October 9 judgement by Justice Okorowo, voiding Sylva’s candidacy.

    Sylva, in his three-ground notice of appeal, is contending among others that the trial court erred in law and  occasioned a grave miscarriage of justice when it wrongly assumed jurisdiction by delving into the internal affairs of his party, which is a non-justiciable cause of action

    He stated that the trial court has a duty to understand the case presented by the parties and apply the law correctly.

    Sylva contended that the trial judge erred in law and occasioned a grave miscarriage of justice against him when he (the judge) wrongly conferred, allowed and adjudicated on the matter when the respondent (plaintiff at the trial court)  has no locus standi to initiate or institute the action.

    He argued that the plaintiff had agreed that he did not participate in the primary election that produced him as the governorship candidate of the APC.

    Sylva also argued that the trial court  breached his right to fair hearing as guaranteed by the Constitution when it failed to properly evaluate, determine and pronounce on his notice of preliminary objection, with which he  challenged the competence of the suit.

  • Bayelsa Poll: We‘ll overcome disqualification of our guber candidate – APC

    Bayelsa Poll: We‘ll overcome disqualification of our guber candidate – APC

    The Bayelsa Gubernatorial Campaign Council of the All Progressives Congress (APC) has urged its supporters not to be deterred by the delisting of its candidate for the Nov. 11 poll, Chief Timipre Sylva.

    This is contained in a statement issued in Yenagoa by Mr Perry Tukuwei, the Director of Media and Publicity of the Council on Wednesday.

    “The Bayelsa APC Gubernatorial Campaign hereby urges our dear people of Bayelsa not to be deterred with recent happenings in the polity as we match towards the victory post at the Nov. 11 Governorship Election.

    “We are clearly miles ahead with a well thought out Renewed Hope for Bayelsa agenda as well as resounding successes recorded in campaign activities across communities culminating in the decision by people of the state.

    “To look the way of Chief Timipre Sylva and Joshua Maciver as the next Governor and Deputy Governor respectively.

    “Our dear people of Bayelsa, do not fear. Do not be discouraged. We are on course with no distractions,” he said.
    He added:“Our lawyers are very well on top of the situation as we expect victory at the Court of Appeal. We will win.”

    The Independent National Electoral Commission (INEC) on Tuesday published the list of candidates for the election without the name of the APC candidate in compliance with the ruling of a Federal High Court that disqualified him from the election.

    The APC had filed an appeal challenging the court decision and applied for a stay of execution of the judgment pending the outcome of the appeal.

  • Bayelsa election: INEC carries out special training on result counting

    Bayelsa election: INEC carries out special training on result counting

    The Independent National Electoral Commission (INEC) has organised two days training for its Supervisory Presiding Officers (SPOs) on polling and counting procedures for Bayelsa Governorship Election.

    A statement issued by INEC Director of Voter Education and Publicity, Mrs Mary Nkem, on Tuesday in Abuja said that the training which commenced on Monday was part of the commission’s preparations for the state forthcoming election.

    Nkem said that at the end of the training organised by the Electoral Institute, the participants should be able to demonstrate the ability to organise and conduct training on polling and counting.

    She said that the training was also to help them effectively perform the electoral functions of SPOs in line with the Regulation and Guidelines for the conduct of Elections 2022.

    She said that in line with change management principles, INEC employed the strategy to deploy mostly its staff to function as Supervisory Presiding Officers (SPOs) for the Bayelsa election.

    “Consequently, participants were drawn and trained at six Commission state offices namely; Akwa Ibom, Bayelsa, Crossrivers, Delta, Edo and Rivers State.

    “This strategy guarantees professionalism and a seamless Electoral service delivery for Electorates in Bayelsa State,” she said.

    She quoted the Director-General of TEI, Dr Sa’ad Idris, in his goodwill message as advising the participants to be non-partisan in the discharge of their duties.

    Idris said the event was to ensure quality step-down of the training for Presiding Officers (POs) and Assistant Presiding Officers (APOs).

    He urged the participants to acquaint themselves with the technology-driven initiatives introduced into the processes and procedures of election day activities.

    Idris said that the deployment of INEC staff members to function as SPOs in an election is an indication that the commission would not entertain any excuse for inefficiency.

    The DG added that the quality and effective training of election personnel are prerequisites to the conduct of free, fair, credible and Inclusive elections.

    The Director of Training, Dr Binta Mohammed, in her remarks reiterated the importance of a quality step-down of the training of Presiding Officers and Assistant Presiding officers by the SPOs.

    Kasim expressed her confidence in the capacity of both the trainers and the participants to achieve the goal.

    Kasim highlighted areas of the training to include technology-driven initiatives introduced by INEC into the electoral process to ensure transparency and credibility of election.

    This according to him include the Bimodal Voter Accreditation System device (BVAS) for accreditation of voters and the use of INEC Result viewing portal (IReV) in the upload of Polling Unit results, scanned form EC8A for public view.

    The SPOs were exposed to INEC e- School, INEC Training BOT and INEC Security Alert and Notification System (INEC-SANS) application designed to provide real time notification on threats and violence against INEC staff on Election duty or INEC Offices and facilities.

  • INEC removes Timipre Sylva from Bayelsa election

    INEC removes Timipre Sylva from Bayelsa election

    The Independent National Electoral Commission (INEC) has released amended lists of candidates for Bayelsa and Imo governorship elections.

    According to the amended list uploaded on the commission’s website on Tuesday, the name of Timipre Sylva and his ruining mate, Joshua Maciver of the All Progressives Congress (APC) were not included for Bayelsa election.

    The list was signed by the Secretary to the Commission, Rose Oriaran-Anthony, with the column for the names of APC candidate and his ruining mate were left blank with “court order” remarks on it.

    Also for Imo, the commission included the names of Uchechukwu Ishiodu as governorship candidate and Ahumbe Chiazor as the running mate, for Peoples Redemption Party (PRP) for the state election.

    Oriaran-Anthony, in the amended document, explained that the action of the commission was in obedience to court orders on the lists, served on the commission.

    She recalled that the commission published the final list of candidates for 2023 BayelsaState Governorship Election on June 9 in accordance with the provision of Section 32 of the Electoral Act, 2022 and the Timetable and Schedule of Activities for the Election.

    She said that after the said publication, the commission was served with an order of court in respect of the nomination of candidate of the APC for Bayelsa governorship election.

    “By virtue of the provision of Section 287 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the Commission is bound to enforce the orders of court on nomination of candidates by political parties in the state.

    “The Amended list of candidates in respect of the 2023 Bayelsa State governorship election is hereby amended pursuant to the orders of oourt served on the commission,” Oriaran-Anthony said.

    Also for Imo, Oriaran-Anthony also recalled that INEC published the final list of candidates for the state governorship election June 9 in accordance with the provision of Section 32 of the Electoral Act, 2022 and the Timetable and Schedule of Activities for the Election.

    “After the said publication, the Commission was served with an Order of Court for the inclusion of the PRP and its candidate on the list of candidates for the 2023 Imo State governorship election.

    “By virtue of the provision of Section 287 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the commission is bound to enforce the orders of court on nomination of candidates by political parties in the State.

    “The Amended list of candidates in respect of the 2023 Imo State Governorship election is hereby amended pursuant to the Orders of Court served on the Commission,” Oriaran-Anthony said.

    The Federal High Court, Abuja, on Oct. 10, disqualified Sylva from participating in the state governorship election.

    Justice Donatus Okorowo, in the judgment, ruled that Sylva having been sworn in twice and ruled for five years as governor of Bayelsa would breach the 1999 constitution as amended if allowed to contest again.

    The judge also declared that Sylva was not qualified to run in the November poll because if he won and sworn in, he would spend more than eight years in office as governor of the state.

    Also the Federal High Court, Owerri judicial division in Suit No. FHC/OW/CS/35/2023 – PRP & Anor v. INEC, amongst others, equally ordered INEC to include the name of the PRP governorship candidate in the list of nominated candidates already published on the INEC website.

    Meanwhile, the Court of Appeal in Abuja, has scheduled hearing for October 27 in the appeal filed by Sylva.

  • N30,000 Minimum Wage: Bayelsa teachers threaten indefinite strike

    N30,000 Minimum Wage: Bayelsa teachers threaten indefinite strike

    The Nigeria Union of Teachers (NUT) has threatened to commence indefinite strike in public primary and secondary schools in Bayelsa over the N30,000 minimum wage and promotion arrears.

    The union took the decision at an executive meeting on Oct. 12, after an earlier three-day warning strike failed to compel the Bayelsa Government to act.

    The teachers had gaven a 14-day ultimatum to the government and local councils to address the plight of teachers across the state or face industrial action.

    The grievances, according to the NUT, include inability of both state and local governments to implement the N30,000 minimum wage and effect promotion of primary school teachers in the state.

    The union said teachers were meted with untold hardships due to the non payment of promotion arrears to the teachers.

    NUT expressed dissatisfaction with government’s continuous negligence of the plight of teachers who played critical role in the state, in spite of engaging them at different fora in futility.

    The union said the attitude of government had brought nothing but humiliation and frustration to primary and secondary school teachers in the state.

    It said the 14-day ultimatum took effect from, Oct. 13 after failure to address the issues within the limit of the ultimatum would force teachers in the state to go on strike.

    The strike notice was ratified by the constituent eight local government branches of NUT in Bayelsa.

    Signatories to the communique after the meeting included  chairmen of LG branches of the union.

    Meanwhile, Dr Gentle Emelah, Bayelsa Commissioner for Education, declined comments when contacted as he did not respond to telephone calls and messages requesting for government’s clarification.

    Schools in Bayelsa had vacated on Aug. 29 due to expected flood and slated to resume on Nov 13.

  • APC postpones campaign flag-off in Bayelsa indefinitely

    APC postpones campaign flag-off in Bayelsa indefinitely

    The All Progressives Congress (APC), has postponed the flag-off of its Bayelsa Governorship Campaign earlier scheduled for Saturday, Oct. 14, in Yenagoa.

    Mr Felix Morka, the party’s National Publicity Secretary, announced this in a statement on Friday in Abuja.

    He said that a new date would be communicated to the public in due course.

    Recall an Abuja High Court recently disqualified Timipre Sylva, the APC candidate, from contesting the Nov. 11 governorship race.

    Justice Donatus Okorowo, while delivering the judgement, held that Sylva had been sworn in twice and ruled Bayelsa for five years as governor.

    He said that the 1999 constitution would be breached if Sylva was allowed to contest again.
    Okorowo specifically held that Sylva was not qualified to run because if he won and was sworn in, he would spend more than eight years in office as governor.

    Citing Marwa Vs Nyako, the Judge added that the Supreme Court had ruled that nobody could expand the Constitution or its scope.

    The APC has, however, said that Sylva remains its governorship candidate for the election.

    “We wish to state categorically that Sylva is, and remains our candidate for the Nov. 11 election.

    “Our party and its candidate have duly instructed the legal team to appeal the decision of the Federal High Court diligently and expeditiously,” the APC spokesman had said while reacting to the judgment.