The Court of Appeal sitting in Abuja on Saturday dismissed the appeal brought by the Peoples Democratic Party (PDP), challenging the competence of the suit filed by Bayelsa State Governor, Timipre Silva, seeking to stop the governorship primary election for the state conducted by the PDP to his exclusion.
In a majority judgment of 5 to 1, the appellate court referred the case back to the Federal High Court to be heard by another Judge.
Although the party proceeded with the primary election wherein honourable Henry Seriake- Dickson emerged as its governorship candidate, it equally went to the Appeal Court to challenge the order of Justice Gabriel Kolawole on the grounds that his court lacked the jurisdiction to entertain the case and that Silva’s suit is incompetent.
Justice Zainab Bulkachuwa who delivered the lead judgement agreed with the governors’ counsel that the matter falls within the jurisdiction of the Federal High Court in view of the reliefs and claims sought by the plaintiff.
According to her, “Jurisdiction which is the backbone of every court is determined by the claims before it. The case as presently constituted before the Federal High Court is that the first respondent [Sylva] was nominated as candidate of the appellant. His claim seeks to stop the appellant from nominating another candidate for the governorship position of state.
“This claim is relevant as annunciated in the case of Tukur V Gov. of Gongola State. There is no doubt that the Independent National Electoral Commission [INEC] is an agent of the Federal Government and action against it falls within the jurisdiction of the Federal High Court.” ?
