- The judge ruled that Sylva’s repeated sworn-in and five-year tenure as governor of Bayelsa would violate the 1999 constitution if she were allowed to contest again.
- Justice Okorowo cited the Supreme Court case of Marwa vs Nyako, stating that the court ruled that no one can expand the constitution’s scope.
The All Progressives Congress (APC) governorship candidate, Chief Timipre Sylva, has been disqualified from running in the Bayelsa state governor election on November 11 by the Federal High Court in Abuja.
Deme Kolomo, an APC member, filed a lawsuit on June 13, 2023 with the case number FHC/ABJ/CS/821/2023.
Justice Donatus Okorowo concluded that Sylva would violate the 1999 constitution as modified if permitted to run again after being sworn in twice and serving as the state’s governor for five years.
The judge also ruled that Sylva was ineligible to contest in the November election because, if he prevails and is sworn in, he would hold the position of governor for more than eight years.
Citing the case of Marwa vs Nyako at the Supreme Court, Okorowo noted that the drafters of the country’s constitution stated that nobody should be voted for as governor more than two times and that the parties to the suit agreed that Sylva was voted into office two times.
He further stated that the Supreme Court ruled in the case of Marwa vs Nyako that nobody can expand the constitution or its scope, stressing that if Sylva was allowed to contest the next election, a person could compete as many times as he wanted.
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