Mr. Timipre Sylva, the All Progressives Congress (APC) candidate in Bayelsa’s Nov. 11 gubernatorial election, claims he was never elected twice.
Sylva, the former Petroleum Minister, denied being elected Bayelsa governor on April 14, 2007, and May 24, 2008.
In a counter affidavit he personally deposed to and submitted by his lawyer Adelani Ajibade, he informed Judge Donatus Okorowo of a Federal High Court, Abuja.
The application was in response to Chief Demesuoyefa Kolomo, an APC member, petitioning the court to remove Sylva off the Nov. 11 gubernatorial ballot.
Kolomo asked the court “whether having regard to the indisputable fact that Sylva occupied the office of governor of Bayelsa from May 29, 2007 to April 15, 2008 and May 27, 2008 to Jan. 27, 2012, he is qualified to contest and be elected for another four years term in view of Section 180(2)(a) of the 1999 Constitution (as amended)”.
In the counter affidavit marked FHC/ABJ/CS/821/23 dated June 27, the ex-minister indicated that all facts attested to in the application were within his own knowledge, information, and belief.
Sylva recognised he was a past governor of Bayelsa, but he insisted that he was only elected once and that there was no election in 2007.
“I was Bayelsa State Governor once.
On May 27, 2008, Bayelsa State elected me governor.
“Contrary to Paragraph 5 of the affidavit (attached to the originating summons), I know that by virtue of the Court of Appeal ruling referred to, now reported as Amgbare Vs. Sylva (2009) 1 NWLR (Pt. 1121), there was no election in Bayelsa State in 2007,” he stated.
So, the former minister maintained he was within his constitutional and legal right to run for governor in November.
He said Articles 180 (2)(a) and 182 (1) (b) do not apply to me and cannot constitutionally prevent me from running for governor of Bayelsa State.
He stated he was lawfully elected on April 15, beating five other contestants in a fiercely fought primary ballot overseen by the Independent National Electoral Commission (INEC).
Sylva claimed INEC announced his name as APC candidate for Nov. 12 on May 12.
He stated the suit questions were malicious.
“I make this affidavit in good faith, believing the contents to be truthful and in conformity with the Oaths Act,” he stated.
On Monday, Ajibade informed Judge Okorowo that Sylva will reply to Kolomo’s action, and the court set July 3 for hearing.
Kolomo sued Mr Sylva, APC, and INEC in the June 13 summons designated FHC/ABJ/CS/821/2023.
Kolomo requested a declaration that Sylva was ineligible to run for governor of Bayelsa on APC’s or any other political party’s platform in the November election or any other time.
Kolomo said in his affidavit that he was a registered voter and an APC member.
He claimed INEC just released state gubernatorial candidates, including Sylva.
Based on the aforesaid circumstances, the plaintiff wanted to uphold Sections 180(2)(a) and 182(1)b) of the 1999 Constitution, the rule of law, and Sylva’s application.
Kolomo further said that the matter addressed by the immediate litigation was constitutional and of grave concern to him as a voter and other voters in the sate so that they would not vote for someone who was not eligible to contest the poll and have their ballots wasted.
Sylva was Bayelsa governor on Peoples Democratic Party (PDP) platform, according to NAN.
The former minister challenged ex-President Goodluck Jonathan in the 2006 PDP gubernatorial primary.
After becoming the PDP nominee, Sylva won the 2007 election and replaced Jonathan, who had become Vice President under late President Umaru Yar’Adua.
Ebitimi Amgbare of the defunct Action Congress (AC), Sylva’s 2007 opponent, disputed his win.
Amgbare appealed to the Appeal Court, Port Harcourt in Rivers, which invalidated Sylva’s election on April 15, 2008.
The five Court of Appeal judges unanimously ordered Speaker Werinipre Seibarugo to replace Sylva as acting governor and hold a fresh election within 90 days as required by the Election Act.
On May 24, 2008, Sylva was re-elected with 588,204 votes out of 598,000.
On Jan. 27, 2012, the Supreme Court ended his term, appointing an interim governor to run the state until Seriake Dickson won the February 2012 election.
