The Court of Appeal, in Abuja, on Tuesday, restored Chief Timipre Sylva as the candidate of the All Progressives Congress, APC, in the November 11 gubernatorial election in the state.
Justice Binta Zubairu, who delivered the lead judgment, held that Justice Donatus Okorowo of the Federal High Court was wrong in ordering Sylva’s sack as the APC candidate governorship.
The appellate ruled that the trial court erred by assuming jurisdiction in the matter in which the plaintiff at the Federal High Court did not have the locus standi to initiate the suit in the first place, since he did not participate in the primaries that produced Sylva as AOC’s flagbearer.
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It emphasised the issue of jurisdiction, saying it was fundamental in an election matter, and since the lower court had no jurisdiction in the first place, all actions taken in the matter are declared a nullity.
The appellate court in addition stated that once a judgment is found to have been delivered without jurisdiction, “no matter how sound” it may be, “it is an exercise in futility”.
The appellate court subsequently voided the decision of Justice Donatus Okorowo, which nullified Sylva’s participation in the November 11, governorship election, and imposed N1 million cost in favour of Sylva.
