Following his omission from the list of the amended candidates’ list for the November 11 governorship election in Bayelsa State, the All Progressives Congress (APC) guber candidate in the state, Timipre Sylva has written the Independent Electoral Commission (INEC) demanding the immediate withdrawal of the amended candidates’ list for the November 11 governorship election in Bayelsa State.
The Matrix reports that Sylva’s name alongside that of his running mate, Joshua Maciver were excluded in the amended list of candidates running for the election released by the electoral umpire on Wednesday.
Reacting to this in a letter addressed to INEC through his counsel, Ahmed Raji, the immediate past Minister of State for Petroleum Resources, accused INEC of being prejudicial.
READ ALSO; INEC Excludes Sylva’s Name From Candidates List For Bayelsa Poll
This followed the disqualification of the former Bayelsa Governor by Justice Donatus Okorowo of a Federal High Court Abuja on October 9, 2023.
The judge said that having been sworn in twice and served five years as governor of the state, it would breach the 1999 constitution as amended if Sylva is allowed to contest again.
He also declared that Sylva was not qualified to run in the November poll because if he wins and is sworn in, he would spend more than eight years in office as governor of the state.
Not satisfied with the judgment, Sylva approached the Court of Appeal, through his lawyer, Raji, to challenge the decision of the court.
While the appeal is pending, however, INEC released a list of candidates for the poll excluding the APC candidate’s names.
In the letter to INEC through his lawyer, Sylva said he respectfully demand the immediate withdrawal of the amended list.
He said it was shocking for the INEC to release such a publication when the judgement the commission acted upon had already been appealed against.
“Sir, the implication is dire and grave in view of the fact that the election in issue, is barely seventeen (17) days from today.
If the election is held without our Client while the matter is pending either at the Court of Appeal or proceeds to the Supreme Court, the loss to our Client would be irreparable.
This is in view of the fact that he would have been completely shut out, without any recourse to any remedy, having not participated in the general election.
The law has now been settled that “An election tribunal or court shall not declare any person a winner at an election in which such a person has not fully participated in all stages of the election.
“Whereas, if he was allowed to participate, there is no prejudice to the ongoing appeal or to the Respondents. This is in view of the fact that in the unlikely event that the court rules against him, he would be entitled to appeal to Supreme Court and if he eventually does not win, he would be removed and the second runner up, with the second highest lawful votes cast would be sworn in.
Our client does not have such privilege, if your esteemed office fails to reverse your position and the election proceeds without him. It is also, imperative to note that the Court of Appeal and the potential appeal that may emanate from the Court of Appeal’s decision would also have been prejudiced by your decision of the removal of our client’s name.
All parties including the Commission are before the court and have joined issues The Court and not the Commission should humbly be allowed to determine this issue one way or the other, without being overreached by the Commission’s decision.
Our Prayers: It is our humble prayers that the Commission should as matter of urgency withdraw and suspend the said Amendment No. 1, with respect to Bayelsa State and allow the due process of law to prevail. We are most grateful” he wrote.
