Ms. Ogbomade Johnson, an All Progressives Congress (APC) candidate for the November 11 Bayelsa gubernatorial election, has contested Mr. Timipre Sylva’s nomination.
Johnson prayed in a new complaint filed by her attorneys headed by Hyginus Ibega before Judge Inyang Ekwo.
She requested a mandatory injunction to remove APC and Sylva from the November 11 ballot.
The unhappy contender also requested a permanent injunction to prevent Sylva, the former Minister of State for Petroleum, from running as the APC’s Bayelsa gubernatorial candidate.
After demanding and receiving 10 million from her and five other candidates, she sought a declaration that the APC was contractually required to start and finish Bayelsa’s primary election in compliance with the Electoral Act, 2022 and the party’s rules and regulations.
Johnson also requested a declaration that the APC has no candidate to field for the election due to their April 14 primary vote, which violated the Electoral Act, 2022, and party bylaws.
ACCORDING TO NAN, the APC approved Mrs Johnson, Sylva, Joshua Maciver, Festus Daumiebi, Mrs Maureen Ongoebi, and David Lyon for the April 14 primaries.
In the primary election in 102 of the 105 wards of the eight local governments in the state, Sylva received 52, 061 votes, Maciver 2, 078, Johnson 584, Daumiebi 557, Ongoebi 1, 277, and Lyon 1,584.
In the original summons marked FHC/ABJ/CS/575/2023 dated April 24 but filed April 27, Johnson sued APC, INEC, and Sylva as 1st to 3rd respondents.
She asked seven questions.
Johnson asked whether, “with respect to the meaning and intendment of the provision of Section 1(2), 180(2)(a), 182(1)(b) of 1999 Constitution (as amended),” Sylva was eligible to run in the APC’s primary election on April 14.
She claimed that “on a dispassionate consideration of Article 12.8(1), Article 12.9 of the APC Constitution (as amended read together with the judgement of the High Court of Bayelsa delivered on January 20, which nullified the wards, local government areas and state congresses elections held by the 1st defendant in Bayelsa, the nomination of the 3rd defendant as the candidate of the 1st defendant is not illegal and unconstitutional,” among others.
According to Johnson’s declaration, the APC’s direct primary did not take place in all state wards, violating party rules and the Electoral Act of 2022.
“Shockingly, on April 14, 2223, the stated election committee was not sighted anywhere in the polling centres and ward headquarters where accreditation and voting were meant to begin by 8am to 2pm in Bayelsa State.
No voting, collation, or voter accreditation occurred in all wards.
“Major General A T. Jibrin (rtd.) who claimed to be the Election Committee Chairman simply fooled me and all the teeming supporters to our respective ward headquarter without any primary election,” she said.
After waiting until 5:30 pm on election day, she and her supporters protested outside the party’s state offices.
She was astonished on April 15 when the Jibrin-led committee named Sylva the poll winner.
Johnson requested court relief.
Sylva, the ex-minister, asked the court to reject the complaint in a counter affidavit.
Contrary to Johnson’s deposition, he maintained he was pre-eminently qualified to run for Bayelsa governor and had no disqualifying factors.
“I was proclaimed the winner by the 2nd defendant and sworn in as Bayelsa State’s executive governor on May 29, 2007.
“After I was sworn in on May 29 2007, the Court of Appeal invalidated my governorship and ordered the 2nd defendant (INEC) to hold a re-run election. I won the re-run and became governor on May 27, 2008.
“The issue moved to the Supreme Court and was combined with those of the then Governors of Kogi, Sokoto, Cross River, and Adamawa States as stated in Marwa v. Nyako (2012) 6 NWLR (Pt.1296).
“The Supreme Court ruled that my stay in office begins on May 29 2007, when I was sworn in, not May 27 2008.
“Thus, at the verdict of the Supreme Court, I quit office having done one term,” he added.
Sylva also claimed that he competed for the APC primary alongside five others, including Johnson, on April 14 and emerged as its candidate after polling the highest votes from 102 out of 105 wards in the eight local government areas where party members voted in a direct primary in accordance with the guidelines for the poll, APC’s constitution, and the Electoral Act, 2022.
Contrary to Johnson’s claim, the primary was conducted, and the results, in which he won the majority of votes, were approved. He got congratulations letters from significant APC players in the state, indicating that his win represented party members’ ambitions.
He claimed there was no election in Ward 6 in Kolokuma/Opokuma LGA because members’ registration was not presented on time within INEC’s requirements, and there were disruptions in Wards 4 and 5 in Nembe LGA.
He stated the election was moved from April 10 to April 14 owing to logistical issues.
He claimed an extraordinary congress in Yenagoa validated him as the winner on April 15 and sent his name to INEC.
Sylva said he knew the APC had appealed the Bayelsa court verdict in suit number: YHC/16/2022 between Alex Izibenikiebo Blankson v. APC and three others, along with a move for a stay of execution.
Dr Stanley Ugboaja, the deputy national organising secretary’s chief of staff, requested the court to reject the suit in the APC’s counter affidavit.
The party claimed that the Supreme Court’s January 27, 2012, consolidated appeal verdict supported Sylva’s bid for a second term, contrary to Johnson’s claim.
It stated its national organisation conducted the direct primary election in conformity with the procedures, the Electoral Act, and its constitution.
The APC stated INEC watched the election and published a primaries report.
The 1st defendant’s Appeals Committee appealed the primaries’ results.
“The Appeal Committee found the appeal unmeritorious. Exhibit F is the Appeal Committee report.
“That by letter dated April 13 2023, the plaintiff was instructed to furnish the names of her agents in all 105 electoral wards in Bayelsa State, but she failed to comply.
She skipped her electoral ward vote. The parties informed the court that the letter was attached and marked G.
Judge Ekwo scheduled the suit for July 6.
Previously, NAN reported that Chief Demesuoyefa Kolomo, an APC member filed a complaint against Sylva in a sister court, asking the court to force INEC to remove Sylva from the November 11 gubernatorial election.
