By Dansu Peter
The Independent National Electoral Commission, INEC, released an amended list of candidates for the election on Wednesday without his name included.
Justice Donatus Okorowo of the Federal High Court sitting in Abuja had, in a judgment about two weeks ago, disqualified Sylva, a former governor of the state, from contesting the election.
Not satisfied with the judgment, Sylva approached the Court of Appeal through his lawyer, Dr. Ahmed Rajin, SAN, to challenge the decision of the court.
But while the appeal is pending, INEC released a list of candidates for the election without including Sylva's name.
In a letter to the commission, through Dr. Raji, dated October 25, Sylva described the decision of the electoral umpire as prejudicial.
Sylva said he received the publication from INEC with rude shock and added that the judgment the commission acted upon had already been appealed against at the Court of Appeal.
Dr. Raji said in the letter, "We are the Solicitors to the Chief Sylva Timipre, the Appellant in the above appeal, and we have his firm instruction to write this letter to respectfully demand the immediate withdrawal of the amended list in so far as it concerns Bayelsa State.
"Our client received with rude shock a publication emanating from your esteemed commission on the above subject matter, principally on the alleged removal of the name of Chief Sylva Timipre Marlin as the All Progressives Congress governorship candidate for the forthcoming November 11, 2023, governorship election.
"Dear sir, you will recall that the judgment in issue that arose from the above suit was delivered on October 9, 2023, and our client, being an ardent and firm believer in the efficacy of the judiciary and the rule of law, immediately filed an appeal within 24 hours of the judgment on October 10, 2023. In addition to the notice of appeal, our client expeditiously compiled the record of appeal and transmitted it in less than 10 days. The appeal was successfully entered on October 18, 2023, with Appeal No. CA/ABJ/CS/1060/2023.
"The above being the case, the Commission, as a respected arbiter and law-abiding institution, is expected to respectfully wait for the outcome of the appeal before taking any step that may be prejudicial to any of the parties, particularly our client.
"This is in view of the fact that the parties that went to court are not candidates in the forthcoming election, unlike our client. In other words, they do not have anything to lose; rather, they are fighting proxy battles to deny our client and his party the opportunity to participate in the forthcoming election. We know that the Commission has always been consistent in a matter like this, waiting until the entire appellate process and proceedings are completed, one way or another.
"This is not only consistent with administrative and policy convenience but also with the Electoral Act and the Constitution in all election-related matters. To hold otherwise is to breed instability. For instance, upon a High Court’s judgment, the Commission removes a candidate’s name, and the candidate expectedly proceeds to the Court of Appeal. When the Court of Appeal restores the name, the Commission follows suit, and eventually the matter goes to the Supreme Court, and the Supreme Court decides one way or another.
"This will bring instability and disharmony to government. Hence, the Commission’s age-long position to await the final decision of the Supreme Court once evidence of an allegation has been demonstrated and shown
"The appellant has shown speed and determination to expeditiously prosecute the appeal by filing the appellant’s brief of argument and serving the same. The Court has also played its judicial role admirably by granting an accelerated hearing of the matter on Friday, October 27, 2023. Your esteemed office may also wish to respectfully take notice that the matter may go to the Supreme Court, as the apex court. Consequences of the removal of Chief Syiva Timpre Marlin, the APC Governorship’s candidate, from the list of candidates;
"It is also imperative to note that the Court of Appeal and the potential appeal that may emanate from the Court's decision would also have been prejudiced by your decision to remove 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 another without being overreached by the Commission’s decision.
"It is our humble prayer that the Commission should, as a matter of urgency, withdraw and suspend Amendment No. 1, with respect to Bayelsa State, and allow the due process of law to prevail."
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