……awards N500,000 cost against Sylva

By Ikechukwu Nnochiri

ABUJA – The Supreme Court, Friday, dismissed an appeal that sought to sack  ‎Governor Seriake Dickson of Bayelsa State from office.

The appeal was lodged before the ‎apex court by the immediate past governor of the state, Timipre Sylva.

Sylva went before the court to challenge the legality of the 2012 governorship primary election of the ‎Peoples Democratic Party, PDP, that produced Dickson.

The appellant urged the court to among other things, determine “Whether having regard to the clear provision of section 178(2) of the 1999 constitution, as amended, and the Supreme Court judgment in the consolidated appeal of Marwa v. Nyako (2012) 5NWLR (Pt. 1296), delivered on January 27, 2012 wherein the court held that the tenure of the plaintiff as the Governor of Bayelsa State had long expired since May 29, 2012 (sic) the gubernatorial election in Bayelsa state became due since April 29, 2011”.

He contended that he won the initial governorship primary election the PDP held in Bayelsa state with his name submitted to the Independent National Electoral Commission, INEC.

He said that the PDP subsequently abandoned the outcome of that primary poll and conducted a fresh one. Though Sylva also purchased nomination form to participate in the 2012 primaries, he was screened and dropped by the party.

Meantime, in their unanimous judgment yesterday, a five-man panel of Justices of the apex court ‎led by Justice Muhammad Muntaka-Coomasie, upheld the concurrent decisions of both the Federal High Court in Yenegoa and the  Court  ‎of Appeal, even as it dismissed Sylva’s suit for want of merit.

The court maintained that Sylva lacked the right to question the conduct of an election in which he did not take part as a contestant.

“In addition, the appellant has not demonstrated any perversity in the concurrent findings of the two courts below and ipso facto this court will not disturb the findings. This appeal borders dangerously on abuse of court process. The election for which the appellant won the primaries was cancelled outright”.

The apex court held that the former governor ‎is “a busy body, an interloper who had no reasonable ground to believe in the success of his action. And he had the temerity to defy the concurrent decisions of the two courts below to continue his abuse of processes of court in the apex court.

“The political class may have unlimited funds and time at their disposal but the court’s time is precious and should not be wasted in pursuit of shadows ‎by any party or person.

“The two issues having been resolved against the appellant, I find no merit in the appeal which is hereby dismissed. Appellant is to pay costs of N500, 000 to the 3rd Respondent (Dickson)”, held Justice Nwali Sylvester Ngwuta who read the lead judgment.

The court held that INEC and PDP, who were cited as 1st and 2nd Respondent in the matter should bear their respective costs.

Justices Suleiman Galadima, John Okoro and Chime Nweze, equally concurred with the verdict.