Fears abound that ahead of the Bayelsa governorship election slated for November 11, the All Progressives Congress (APC) candidate and his running mate, Chief Timpre Sylva and Joshua Maciver, respectively, may be disqualified.
The possible disqualification will likely come following a suit filed against Sylva, Maciver, and the Independent National Electoral Commission (INEC) by the plaintiff, Incorporated Trustees of the Trustfield Empowerment Initiative, at the Federal High Court, Abuja.
According to the plaintiff, Sylva has no valid running mate because Maciver’s jail term still runs over a criminal offence.
The plaintiff wonders why INEC allowed Maciver to become Sylva’s running mate, knowing he is serving a criminal jail term.
The plaintiff said in the suit:
“The provisions of Sections 175(1), 182(1)(d) & (2)(c) and 187(1) and (2) of the 1999 Constitution of the Federal Republic of Nigeria clearly stated that anybody having been convicted for a criminal offence with a sentence of imprisonment, without Presidential Pardon, is not eligible to be recognised or listed by INEC, which MacIver is affected by these provisions.
“Due to term of imprisonment, MacIver should not be given recognition by INEC as the running mate of Sylva for the 2023 Bayelsa State Governorship Election is not at variance with the Constitution of the Federal of Nigeria, null and void ab initio?
“On the heels of these, we are unequivocally stating here that in view of the conviction of MacIver for a sentence of imprisonment, he cannot be a running mate of Sylva, who is contesting for the office of Governor of Bayelsa State in the 2023 Bayelsa State Governorship Election; hence Sylva does not have a running mate as submitted to INEC.
“We also declare that recognition and listing of MacIver, who is under a sentence of imprisonment, without Presidential Pardon, as the Deputy Governorship candidate Sylva in the 2023 Bayelsa State Governorship Election is illegal, unlawful, null and a gross violation of the 1999 Constitution of the Federal Republic of Nigeria.
“Therefore, we pray the Federal High Court, Abuja, to give an order of perpetual injunction restraining the INEC from recognising MacIver and Sylva as not having a running mate for the 2023 Bayelsa State Governorship Election.”
