THE Court of Appeal sitting in Port Harcourt, yesterday, put an end to the 10-month-old reign of Chief Timipre Sylva as Governor of Bayelsa State when it nullified his April 14, 2007 election.
It directed that the Speaker of the state House Assembly, Mr. Seibarugu Worinepreye be sworn-in immediately and a fresh election conducted within three months.
As news of the court�s decision reached Yenagoa moments after it was delivered, an elaborate victory party organised by Chief Sylva supporters was abruptly terminated even before it took off.
The court upheld the appeal of Prince Timi Amgbare, governorship candidate of the Action Congress (AC) in the state that no election took place there on April 14, 2007.
In the lead judgment, Chairman of the panel, Justice Saka A. Ibiyeye, said: �I call on INEC to appoint a date for an election into the office of governor of Bayelsa State of Nigeria not later than three months from today (yesterday).
In the interim, I further invoke that section 91, subsection 2 of the Constitution of the Federal Republic of Nigeria 1999, that the Speaker of Bayelsa State be forthwith sworn in as acting governor of Bayelsa State.�
The court said it derived its ruling from what it termed clear evidence that there was no election in Bayelsa State which was in line with the appeal of the AC governorship candidate, Prince Amgbare
It described Form EC8A as the most important electoral material in an election in the country, but said this was conspicuously missing in the materials tendered as evidence to prove that the governorship election actually took place in Bayelsa. Justice Ibiyeye said the missing document was too weighty to be ignored in the case before it.
Accordingly, it ruled that there was indeed no result on the poll. It ordered that N30,000 cost be paid to the appellant. It was unanimous decision.
Speaker of the state House of Assembly, Mr Seibarugu Worinepreye who was present in court was led out of the court premises by heavily armed anti-riot policemen. In the bid to protect him from the surging crowd, some of the louvre blades in the court were smashed.
Lead counsel to the deposed governor, Mr. Tayo Oyetibo (SAN), and counsel to Amgbare, D.D. Federekumo, said they would abide by the judgment.
The Action Congress in Rivers State hailed the verdict. In a text message to Vanguard, Publicity Secretary of the party, Chief Eze C. Eze said: �We of the Action Congress party in Rivers State commend the judiciary for once again demonstrating that it is the bastion and survival of the bastardised democracy in Nigeria by the PDP.
Today�s victory once again states that PDP never won election in any part of the Niger Delta states talk less of Nigeria.
�As we commend the Bayelsa AC for a victory well deserved, we urge Bayelsans to use this opportunity to save themselves from the evil hostage of the PDP by electing the AC guber candidate in the rescheduled election,� he said.
Sylva reacts
Chief Sylva, in his reaction said though the appellate court had done its job, he would wait for God�s own judgment. Pleading with Bayelsans to remain calm and go about their lawful business, he said: �I will not say this is the best of judgment I have seen in the world, but of course, in a country where the judiciary is trying to assert itself, we should expect all these to happen.�
The governor who said he and his deputy had both accepted the judgment in good faith noted; �Men have done their job, but now I wait for the Lord�s judgment.
�The Bayelsa people elected us freely and the campaign showed we did a lot more work than them (AC) as they did not make any input. In fact, Amgbare was not a candidate of Action Congress until a few days to the election,� he said.
The sacked governor expressed optimism that the PDP would win in the re-run election and thanked Bayelsans for their support in spite of all odds, saying: �They have seen that it is possible to make a change. We would come back here and represent ourselves and would be judged by Bayelsans. I pray you continue to stand by us and it is your prayer that will make us strong.�
Victory party cancelled
An elaborate victory party planned for Government House, Yenagoa by Chief Sylva�s supporters was abruptly terminated even before taking off. Some prominent Ijaw musical bands contracted for the party, including Barrister Smooth were already on ground at Government House when news filtered in that Sylva lost.
The musical bands were hurriedly dismantled while the usually busy Government House was deserted as many of the visitors left in frustration. Aides of the former governor were then subjected to thorough search by security operatives at the gate.
Some of the occupants and workers at the Government House could not utter a word as the shock of the verdict hit them.
Speaker Werinipre Seibarugu is expected to be sworn-in as Acting Governor today in accordance with the court�s verdict. But for the absence of the state�s Chif Judge, Justice Kate Abiri, who was away in Abuja, the Speaker would have been sworn-in yesterday.
Chief Sylva was scheduled to commission in the days ahead some projects to mark his one year in office.
The ruling may further compounded the current crisis rocking the PDP in the state where the Fred Agbedi faction and Rufus Abadi faction are laying claim to the leadership of the party in the state. The State Assembly itself is factionalised with the Speaker leading one faction. Indeed, he was impeached by the other faction.
AC supporters jubilate
It was, however, jubilation galore for members of the Action Congress which secretariat came to life immediate the news of the court�s verdict filtered into town.
Boom for broom sellers
Broom sellers yesterday had a field day as AC supporters and other sympathetic members of the public rushed to the market to purchase the commodity. They embarked on wild jubilation on the streets of Yenagoa.
Earlier in the day, the capital city witnessed an unusual large presence of heavily armed military personnel partrolling the streets of Yenagoa in their Armoured Personnel Carrier ostensibly to warn all would-be trouble makers to have a rethink.
Reaction of Bayelsans
INC President, Professor Kimse Okoko: �I have a strong belief in the rule of law. The rule of law has to be followed. I urged the people of the state to be peaceful and shun violence act. The judgment is part of the rule of law. �
Action Congress gubernatorial candidate, Prince Ebitimi Amgbare: �It is a victory for democracy and the entire people of Bayelsa State.�
State Secretary, Action Congress, Comrade Miriki Ebikibina: �It is a victory for good governance, democracy and the rule of law.�
State Chairman, Nigeria Bar Association, Omukoro Ebiyerin: �It was a good judgment. As lawyers, we are bound by the judgment. We sympathise with Chief Timipre Sylva but we abide by the judgment.�
The Police Public Relations Officer, Iniobong Ibokette: �The security situation is okay. There is no cause for alarm.�
Nullification a set back� PDP
The People�s Democratic Party (PDP) described the nullification of the election of Sylva as a major setback for the party.
In a statement signed by the party�s National Publicity Secretary, Professor Ahmed Rufai Alkali, the PDP which, however, accepted the nullification, said it was one of the ingredients of democracy and the rule of law.
�We are not worried as a political party, but it is a setback to us in the party, because it takes us back to the drawing board. It is a setback as far as PDP is concerned,� he said.
Professor Alkali who noted that as a party which believed in the concept of rule as one of the tenets of democracy, the PDP accepted the decision of the judiciary.
According to him, �PDP as a political party that is built alongside the rule of law, we shall honour all decisions of the judiciary.�
He said Sylva would still fly the party�s flag in the re-run election.