Mixed reactions yesterday trailed the Supreme Court’s decision
upholding the nomination of Seriake Dickson as the People’s Democratic
Party, PDP, candidate for Bayelsa State in the February 11, 2012
governorship election won by the incumbent governor, Mr Seriake Dickson
in the state, saying that the nomination of candidates for elective
positions were exclusive preserves of political parties.
In its judgement delivered by Justice John Fabiyi, the apex court
further dismissed the ex-governor’s cross appeal which prayed for an
order of the court for his suit to be heard at the Federal High Court
for it lacks merit.
The court maintained that the fact that the Sylva paied N5.5million,
presented himself to the Screening Committee of his party, and
campaigned extensively for the fresh primary elections fixed by his
party for November 19, 2011, to choose its candidate to stand for
governor of Bayelsa in elections fixed for February 12, 2012, indicated
that he had abandoned the results of the primaries he won in January
2011.
“Furthermore, the primaries that the 1st respondent (Sylva) won in
2011 fades into insignificance since the elections for which the said
primaries was conducted were cancelled.
“The 1st respondent (Sylva) won the primaries conducted in January
2011 and his name forwarded to PDP as the PDP’s candidate for the
elections slated for April 2011. With the cancellation of theWith the
cancellation of the elections of April 2011, the primaries conducted in
January 2011, is no more of any relevance.
“INEC has the sole responsibility to fix dates for elections, and to
my mind if INEC fixes a date for elections and for whatever reason, be
it logistic, I do not think anyone has a cause of action against INEC
for cancelling an election (not held) and rescheduling elections for
another day.
“Furthermore, INEC fixed the elections for April 2011 on its
understanding that the 1st appellants term would end in 28/5/11, but
with the court’s judgment that 1st appellant tenure would end on
18/5/12, the need to cancel elections for April 2011 was justified.
“Courts in Nigeria do not have jurisdiction to question the
nomination and sponsorship of a candidate for election,” the court said.
Apart from upholding the nomination, the Supreme Court also
unanimously upheld the PDP’s appeal which challenged the decision by the
Court of Appeal over the former Governor Chief Timiprey Sylva’s suit
against Dickson’s nomination.“In sum, the 1st respondent is/was no
longer the PDP’s candidate for gubernatorial elections held on 12/2/12
simply because he did not take part in the primaries for that election
which was held on 19/11/11.
“Since the general elections fixed for April 2011 were cancelled by
INEC, the provisions of section 33 and 35 of the Electoral Act are no
longer applicable. With the cancellation of the general elections,
primaries held In January 2011 are irrelevant for determining PDP’s
candidate for governor of Bayelsa state,” the court held.
Meanwhile, the apex court yesterday, insisted that the case of Sylva
was clearly distinct from the decided case-law in Amaechi v. INEC,
emphasizing that whereas Governor Ameachi contested the primaries and
won, but was barred from contesting the general elections, his party,
the PDP was unable to give cogent and verifiable reasons why he was not
allowed to contest the election.
It noted that in the instant case, “Sylva contested primaries in
January 2011 for a general election fixed for April 2011. The general
election was cancelled. Fresh primaries were fixed by this party, but he
was not allowed to contest.
“There is thus no similarity in Ameachi case and this case. In
Amaechi’s case, he was barred from contesting the general election. In
this case Governor Sylva was barred from contesting primaries of his
party.”
However, former governor Sylva has reacted to the judgement,
describing it as not only injustice but ‘’a dark moment,’’ for the
nation’s democracy and justice system in the country. Sylva also cursed
those involved in scuttling his ambition to run for his second term in
office, adding that, ‘’Everyone involved in the Bayelsa State
governorship matter shall still face the judgment of history and the
judgment of God. Neither history nor God will condone impunity” even as
his successor, Seriake Dickson praised the Judiciary for being the last
hope of the common man.
According to Dickson, “By this judgment today (yesterday), the
Judiciary has once again demonstrated its relevance as the pillar of
democracy. We commend the judiciary for upholding the essence of
justice, equity and fairness without which democracy and the political
system would be in danger.
“Indeed, today’s judgment is victory for democracy, the good people
of Bayelsa State and Ijaw nation. Justice has again been done. We
congratulate the PDP and its team of lawyers for their resilience and
observance of due legal process which led to this victory.
“We assure you that the trajectory of peace and rapid development
which the new government has brought about is guaranteed. We are
dedicated to your service and we will not let you down on the delivery
of our restoration agenda,’’ Dickson said.
The ex-governor in a statement signed by his Media Aide, Doifie Ola,
however, pointed out despite the set back at by the Supreme Court
judgement, he remained optimistic that his future political carrear was
bright just as he accepted the judgement of the apex court as a
democrat.
The statement read, ‘’As a democrat, Chief Timipre Sylva accepts today’s
(yesterday’s) ruling of the Supreme Court. He however considers the
decision of the apex court as dark moment for democracy and justice in
Nigeria.
’’Sylva believes today’s ruling is only the judgement of man and,
certainly, not justice, (of God). He says after this, everyone involved
in the Bayelsa State governorship matter shall still face the judgement
of history and the judgement of God. Neither history nor God will
condone impunity.
‘’Sylva thanks his teeming followers in Bayelsa State and lovers of
democracy across Nigeria and beyond, especially, in Bayelsa State, who
held out despite intimidation, threats, and pressure to abandon the part
of democracy and justice.
’’He extends his special gratitude to members of the Bayelsa State
caucus of the National Assembly, who stood firm on democracy, as well as
members of the Nigerian Governors Forum, NGF, seniors citizens from
across the country, and all his supporters. He commends the media and
the human rights community for speaking out on the side of truth and
justice.
‘’Sylva remains confident that he still has a long and bright political career ahead of him.”
However, Governor Seriake in a statement signed by his Senior Special
Assistant on Media and Public Affairs, Mr. Daniel Iworiso-Markson said,
“We want to caution all politicians in the state to face issues of
leadership and governance and eschew political divisions and rancor. And
above all, they should not play politics with the Judiciary.
“To the citizens, we enjoin them not to fall to the antics of those who
have misused state resources and public power as well as those who are
desperate for power at all cost, who now resort to misinformation and
propaganda to create instability and to distract us from pursuing our
restoration agenda.”
It is a victory for democracy—ACN National Youth Leader
The National Youth Leader of the Action Congress of Nigeria, ACN,
Comrade Ebikibina Miriki has also described the apex court’s verdict as a
welcome development
But a resident of Yenagoa who simply identified himself as Daukore told
Saturday Vanguard, “if you look around town you will discover that the
ordinary folks are not concerned about the court. What the masses want
is good governance and infrastructural development. It is our
expectation that since this matter has been finally put to rest,
Governor Seriake Dickson will go full blast on his restoration agenda
for the state. We want to see Yenagoa, the state turned into a huge
construction yard.”
