The Court of Appeal in Abuja has reversed the nullification of the candidacy of the All Progressives Congress in the November governorship election, Chief Timipre Sylva.

In a judgment delivered on Tuesday, October 31, 2023, the appellate court held that Justice Donatus Okorowo of the Federal High Court was wrong in ordering the sack of Sylva as a candidate of the APC in the November 11 governorship election in Bayelsa State.

The appellate court said the trial court erred by assuming jurisdiction in the matter and that the plaintiff at the Federal High Court lacked the necessary locus standi to initiate the suit in the first place, having not participated in the primary election that produced Sylva as the flag bearer of the APC in the forthcoming election.

The court further stressed that the issue of jurisdiction is fundamental in an election matter, and that since the lower court had no jurisdiction in the first place, all actions taken in the matter are declared a nullity.

It also said 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.

By this judgment, INEC will have to relist Sylva as a candidate of the APC for the governorship election in Bayelsa State.

The appellate court also awarded a cost of N1 million in favour of Sylva.