Justice Inyang Eden Ekwo of the Federal High Court in Abuja has dismissed a lawsuit seeking the disqualification of former Petroleum Resources Minister, Timipire Sylva, from participating in the November governorship election in Bayelsa State. The suit was instituted against the All Progressives Congress (APC), the Independent National Electoral Commission (INEC), and Timipire Sylva but was thrown out for lack of merit.
In his judgment on Tuesday, Justice Ekwo ruled that the plaintiff, Hon Isikima Ogbomade Johnson, failed to substantiate the issues raised in the suit, which could have justified Sylva’s disqualification from the governorship poll.
Among his findings, the judge determined that the plaintiff did not provide sufficient evidence to support the claim that the APC conducted an unlawful primary election that produced Sylva as its candidate. He noted that INEC’s independent report confirmed that a valid primary election was conducted by the APC, as required by law.
Justice Ekwo also dismissed police reports submitted by the plaintiff, stating that they were without value and were generated unlawfully because the police were not authorized by law to engage in the actions they took in favor of the plaintiff.
Furthermore, the judge criticized the police reports for lacking official letterhead paper, diminishing their authenticity. He clarified that the primary role of the police in primary elections is to provide protection and safety to election materials and voters.
Additionally, the court rejected the suit on the grounds that it was not filed within the stipulated 14-day timeframe following the occurrence of the subject matter. Consequently, the matter was deemed academic, and since the court is not an academic institution, it declined to engage in such matters.
In his concluding remarks, Justice Ekwo deemed the plaintiff’s case weak and unsupported by a preponderance of evidence, as required by law. He issued an order to dismiss the case, emphasizing its lack of merit.
The plaintiff had initiated the lawsuit through an originating summons, targeting the APC, INEC, and Timipire Sylva, with the aim of disqualifying Sylva from participating in the upcoming November governorship election in Bayelsa State. The plaintiff’s objections centered on Sylva’s previous two-term governorship and his claims of an illegal primary election that allegedly violated APC guidelines.
