Bayelsa Guber: 28 Lawyers Move against Sylva’s Running-mate, Maciver

•Say alleged criminal records make him unfit

Alex Enumah in Abuja

With less than two months to the governorship election in Bayelsa State, no fewer than 28 lawyers have joined in the suit seeking the disqualification of Joshua MacIver, the running-mate to candidate of the All Progressives Congress (APC), Chief Timpre Sylva.

The suit which was filed at the Federal High Court, Abuja, by the Incorporated Trustees of the Trustfield Empowerment Initiative, is specifically asking the court for an order restraining the Independent National Electoral Commission from recognising MacIver as running-mate to Sylva in the November 11 governorship poll in Bayelsa.

The plaintiff in the suit filed on its behalf by their lawyer, Caroline Bello, claimed that MacIver was not qualified to participate in the poll on grounds that he is currently serving jail term over an alleged criminal offence.

Slyva, MacIver and INEC are 1st, 2nd and 3rd respondents respectively.

In addition, the plaintiff claimed that based on the current jail term of MacIver, the APC governorship candidate, Sylva does not have a valid running-mate for the election.

In the suit, the plaintiff decried action of INEC for accepting and allowing Maciver to be Sylva’s running-mate despite been aware of the fact that Maciver currently serves a criminal jail term.

Amongst the issues raised before the court for determination are whether having regard to the provisions of Sections 175(1), 182(1)(d) and (2)(c) and 187 of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended) and in view of the conviction of the 2nd Defendant for a sentence of imprisonment, the 1st Defendant does not have any valid candidate as his associate for his running for the office of Governor of Bayelsa State in the 2023 Bayelsa State Governorship Election?

“Whether having regard to the combined provisions of Sections 175(1), 182(1)(d) & (2)(c) and 187(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), the recognition and listing of the 2nd Defendant, who is under a sentence of imprisonment, without Presidential Pardon, as the Deputy Governorship candidate of the 1st Defendant in the 2023 Bayelsa State Governorship Election is illegal, unlawful, null and a gross violation of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended)?

“Whether upon the community reading of the provisions of Sections 175(1), 182(1)(d) & (2)(c) and 187(1) and (2) of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended).

“The 2nd Defendant having been convicted for a criminal offence with a sentence of imprisonment, without Presidential Pardon, is not eligible to be recognised or listed by the 3rd Defendant (INEC) as the associate of the 1st Defendant for his running for the office of Governor of Bayelsa State in the 2023 Bayelsa State Governorship Election?

“Whether in view of the conviction of the 2nd Defendant for a term of imprisonment, his recognition by the 3rd Defendant (INEC) as the associate and running mate of the 1st Defendant for the 2023 Bayelsa State Governorship Election is not at variance with the Constitution of the Federal of Nigeria, null and void ab initio?”

The plaintiff argued that if the questions raised were determined in the affirmative then the court should make, “A declaration that in view of the conviction of the 2nd Defendant for a sentence of imprisonment, the 1st Defendant does not have any valid candidate as his associate for his running for the office of Governor of Bayelsa State in the 2023 Bayelsa State Governorship Election.

“A declaration that recognition and listing of the 2nd Defendant, who is under a sentence of imprisonment, without Presidential Pardon, as the Deputy Governorship candidate of the 1st Defendant in the 2023 Bayelsa State Governorship Election is illegal, unlawful, null and a gross violation of the Constitution of the Federal Republic of Nigeria, 1999 (as Amended), null and void ab initio.

“A declaration that the 2nd Defendant having been convicted for a criminal offence with a sentence of imprisonment, without Presidential Pardon, is not eligible to be recognised or listed by the 3rd Defendant (INEC) as the associate of the 1st Defendant for his running for the office of Governor of Bayelsa State in the 2023 Bayelsa State Governorship Election.

“A declaration that in view of the conviction of the 2nd Defendant for a term of imprisonment, his recognition by the 3rd Defendant (INEC) as the associate and running mate of the 1st Defendant for the 2023 Bayelsa State Governorship Election is at variance with the Constitution of the Federal of Nigeria, null and void ab initio.

“An order of perpetual injunction restraining the 3rd Defendant (INEC) by itself, agents, servants, privies or howsoever described from recognising, listing, publishing or in any other manner whatsoever according any recognition to the 2nd Defendant as the associate and running mate of the 1st Defendant for the 2023 Bayelsa State Governorship Election.”