PDP,Governor Sylva Ordered back to Federal High Court
The Court of Appeal has directed all contending parties in the people’s Democratic Party Bayelsa Governorship race to return to the Federal High Court.
The PDP had approached the Court of Appeal to challenge the judgment of Justice Gabriel Kolawole, which granted an ex parte order warning the party of the consequence of going ahead with the November 19, 2011 governorship primary in Bayelsa state in view of the subsisting suit initiated by Governor Timipre Sylva on the subject matter.
Leading a five man panel, Justice Zainab Bukachuwa of the Abuja division of the Court of Appeal, disqualified Justice Kolawole from hearing the matter as the parties head back to the Federal High Court.
The PDP contends that going by the provisions of section 87 of the 2010 electoral act, no court can restrain the party from holding its primaries.
But, Governor Sylva argued that he has not withdrawn his candidacy as the winner of the January 2011 governorship primaries in the state.
However, Justice Bukachuwa said that the trial judge, Justice Kolawole ought not to have made the order restraining the party as the order seem to determine the entire matter.