Expectations are high among supporters of Governor Seriake Dickson of Bayelsa State and the immediate former Governor, Timipre Sylva, who have stormed Abuja to witness today’s ruling of the Supreme Court on who is the rightful candidate of the Peoples Democratic Party (PDP) in the last governorship election in the state.
The apex court would also decide whether the Court of Appeal, Abuja was right to have held that the Federal High Court, Abuja had jurisdiction to hear Sylva’s suit. Sylva had, through a cross-appeal filed on his behalf by his lawyer, Lateef Fagbemi (SAN), asked the court to evoke its constitutional powers to hear the matter as if it were a trial court.
The apex court panel chaired by Justice Mohammed Mahmud after hearing the arguments of the counsel in the matter adjourned the matter for judgment.
Sylva’s prayers: Before the adjournment, counsel to Sylva, Lateef Fagbemi, prayed the court should declare as valid the PDP guber primary of January 2011, adding that there was no basis to jettison it. He said it could be nullified if the winner resigns from the contest or dies before the main election.
He said the argument of the appellant that there was no selection or nomination by the time Sylva went to court was neither here nor there as long as they admit there was submission of Dickson’s name as PDP’s candidate. Besides, he said when jurisdiction is challenged, the defendant is bound by averment in statement of claims and in this case the originating summons.
In addition, he said the court should look at Sections 33 and 35 of Electoral Act to establish whether there could be a second primary or substitution of names when the original winner of a primary poll is still alive and interested in contesting the forthcoming poll.
On the other hand, the appellants said the only reason the appeal court said that the Federal High Court had jurisdiction was because INEC was a party to the suit. He further said that PDP was not an agency of the Federal Government but a private organisation and as such the matter was the domestic affair of the party.
S/court’s earlier ruling Earlier, the Supreme Court had granted Sylva an approval to file a cross appeal against the ruling of the Court of Appeal, which held that the trial Judge, Gabriel Kolawole, went beyond himself in warning PDP not to tamper with the subject matter of the action brought before him. Both Sylva and PDP are presently before the apex court because they were dissatisfied with the judgment of the Abuja Court of Appeal.
Court of Appeal verdict: The court of appeal had held that Sylva was right to have filed his case against PDP at the Federal High Court but added that the trial judge, Justice Gabriel Kolawole went too far when he threatened to sanction PDP and INEC if they failed to appear before it within 72 hours to show cause why he should not grant Sylva all the reliefs he sought from the court.
In his appeal, Sylva said that the court of appeal erred in law when it held that the pronouncement of the trial judge, asking the Respondents to show cause and also warning the Respondents from taking any action that would foist upon the court a hopeless situation without hearing the Respondents amounted to pre-judging the issue before him. He argued that a court of law had the responsibility of protecting the sanctity of its proceedings.
PDP’s appeal: PDP in its own appeal, said the court of appeal erred in law when it held that the federal high court had jurisdiction to hear Sylva’s case. It asked the court to strike out the case. Sylva, however asked the court to grant all the reliefs he asked for at the high court. Sylva, is seeking leave of the apex court to validate his candidacy based on the January 2011 PDP primaries he won.
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