BY AUSTIN OSARENKHOOE
PDP has purportedly disqualified Governor Timipre Sylva from participating in a purported Governorship Primaries to nominate its Governorship Candidate for the February, 2012 Bayelsa State Governorship Election.

I dare say that, from the facts and circumstances of this case, and the state of the applicable laws and judicial decisions thereon, PDP cannot validly or competently disqualify Governor Sylva from contesting the 2012 Bayelsa State Governorship Election on the platform of PDP.

The purported disqualification of Governor Sylva by PDP is therefore illegal, unconstitutional and ultra vires. I now proceed to demonstrate the illegality and unconstitutionality of the purported disqualification of Governor Sylva by PDP.

On 15th April, 2011, INEC, in pursuance and compliance with Section 153[1] [f] of the Constitution and Paragraph 15[a], [c], [f], of the Third Schedule to the 1999 Constitution as amended, and Section 2 of the Electoral Act 2010, was to conduct a governorship election in Bayelsa State as part of the general election in Nigeria in which the next governor of Bayelsa State, among others, would have been elected: See Sections 25[1][c], 31[1] and 156 of the Electoral Act 2010. INEC made the necessary statutory arrangements and preparations for that election and issued the necessary statutory Notices to that effect: See Sections 9, 10, 11, 14 to 21, 30, 42 to 49 of the Electoral Act 2010.

As a result of that general election, political parties conducted primaries to nominate their candidates for the various elective offices, including governorship, in compliance with Sections 31[1], 32, 34, 86[1], [2], 87[1], [4][b] [i] [ii] of the Electoral Act 2010 and Sections 221 and 222 of the 1999 Constitution. PDP on 9th January, 2011, under the observance of INEC, nominated Governor Sylva as their candidate for the said April 15, 2011 Bayelsa State Governorship election and submitted his name as such to INEC as required by law.

By a judicial emergency [Sylva v. INEC], in obedience to Orders of Courts, INEC could not conduct the Bayelsa State Governorship election on 15th April, 2011. INEC in exercise of its power under Section 26[1] of the Electoral Act 2010 POSTPONED the Governorship election of Bayelsa State from 15th April, 2011 to February, 2012: See UMAR V. ONIKATA [1999] 3 NWLR [596] 558; KUDU V. ALIYU [1992] 3 NWLR [PT. 231] 615 AT 622; EDONKUMOH V. MUTU [1999] 9 NWLR [PPT. 620] 633 AT 639-640

I submit that the judicial decisions which intervened to prevent INEC from conducting the Bayelsa State governorship election on 15th April, 2011, amounted to and fell under the category of “other emergencies” mentioned and envisaged under Section 26[1] of the Electoral Act 2010.

I submit that INEC’s reason [obedience to orders of courts] for the postponement of the governorship election of Bayelsa State in April, 2011 was cogent and verifiable: See Section 26[1] of the Electoral Act As at the date of the postponement of that election by INEC, PDP had already nominated and submitted Governor Sylva as its candidate for the election and remains nominated by PDP for the election.

PDP can neither nominate another person as its candidate for the postponed governorship election of Bayelsa State nor substitute Governor Sylva for another candidate nor withdraw the nomination of Governor Sylva.