THE Court of Appeal in Abuja has overturned the nullification of Chief All Progressives Congress (APC) Timipre Sylva’s candidacy.
The lead judge, Justice Binta Zubairu, ruled that Justice Donatus Okorowo of the Federal High Court erred in dismissing Sylva as an APC candidate in the November 11 governorship election in Bayelsa State.
According to the court, the trial court erred in assuming jurisdiction in the matter, because the plaintiff at the Federal High Court lacked the necessary locus standi to initiate the suit in the first place, having not participated in the primary election that produced Sylva as the APC’s flag bearer in the upcoming election.
The appellate court stated that the issue of jurisdiction is critical in an election case, and because the lower court lacked jurisdiction in the first place, all actions done in the case are deemed null and void.
Furthermore, the appeal court ruled that if a judgment is revealed to be issued without jurisdiction, “no matter how sound” it is, “it is an exercise in futility.”
The appellate court later overturned Justice Donatus Okorowo’s verdict, which had invalidated Sylva’s participation in the November 11 election.
According to the ruling, the Independent National Electoral Commission (INEC) must relist Sylva as the APC’s governorship candidate in Bayelsa State.
Justice Zubairu also awarded a cost of N1 million in favour of Sylva.
