The Court of Appeal has reinstated Timipre Sylva as the APC candidate for governor of Bayelsa State after his candidacy was previously nullified.
Justice Binta Zubairu, in her leading judgment, ruled that the decision by Justice Donatus Okorowo of the Federal High Court to remove Sylva as the APC candidate in the Bayelsa State governorship election scheduled for November 11 was incorrect.
The Court determined that the lower court made an error by assuming jurisdiction in the case because the plaintiff at the Federal High Court lacked the necessary locus standi to initiate the lawsuit. The plaintiff had not participated in the primary election which resulted in Sylva becoming the APC’s candidate for the upcoming election.
The appellate court emphasized that jurisdiction is a crucial aspect in election-related cases. Given that the lower court had no jurisdiction to begin with, all actions taken in the case were deemed null and void.
In addition, the appellate court held that a judgment that is issued without jurisdiction, “no matter how sound” it may be, “it is an exercise in futility”.
The appellate court later invalidated Justice Donatus Okorowo’s ruling, which had previously disqualified Sylva from participating in the November 11 election.
As a result of this decision, the Independent National Electoral Commission (INEC) will need to reinstate Sylva as the APC’s candidate for the Bayelsa State governorship election.
Justice Zubairu also granted Sylva an award of N1 million in his favor.