BAYELSA2023: Appeal Court To Hear, Sylva’s Case On Friday, October 27, Stay Of Execution Action was Filed

The Court of Appeal sitting in Abuja has fixed October 27 to hear the appeal filed by the All Progressives Congress (APC), candidate in the November 11 governorship election in Bayelsa State, Chief Timipre Sylva.

Sylva and his party, through Dr Ahmed Raji, SAN, and Mr. Akinlolou Kehinde, SAN, had approached the court to set aside the judgment of a Federal High Court, Abuja, which disqualified Sylva, from participating in the election.

When the case came up yesterday, parties in the appeal sorted out processes and the appeal was set down for October 27 for hearing.

Raji in the appeal had told the court to dismiss the judgment of Justice Donated Okorowo of the Federal High Court, which disqualified his client

Apart from the notice of appeal, Sylva, through his lawyer, Dr Raji filed a stay of execution of the judgment.

Shortly after the appeal was filed, Dr Raji said the high court judgment was against settled principles of law and notable precedents. The chances of success at the appeal court are very high.

He said the appeal raises three fundamental issues touching on jurisdiction, locus standi, and wrongful evaluation of affidavit evidence.

In a judgment delivered last week, Justice Okorowo disqualified the APC candidate on the ground that Sylva has been sworn in twice and ruled for five years as governor of Bayelsa state.

According to the court, standing for another election as governor would breach the 1999 Constitution as amended.

In the motion on notice, dated October 10, 2023, praying the court to stay execution of the judgment, Sylva, through his Counsel, prayed the court for an order of the court to stay execution and/or further execution of the entire judgment and the orders contained in the Judgment of the Court, delivered on the 9th October 2023, pending the hearing and final determination of the appeal lodged against the judgment and Orders of this Court before the Court of Appeal, Abuja.

He also prayed to the court for an injunction, restraining the respondents from implementing and/or giving effect to the Declaratory and Executory Orders contained in the Judgment.