Ahead of the November 11 governorship election in Bayelsa State, Incorporated Trustees of the Trustfield Empowerment Initiative has dragged the
All Progressives Congress (APC), Timpre Sylva and his running-mate, Joshua Maciver and the Independent National Electoral Commission, (INEC) before a Federal High Court, Abuja.
In a suit marked FHC/ABJ/CS/1009/2023, Sylva was the first respondent, while Maciver is the second respondent and INEC is the third respondent.
In the originating summon, the plaintiff alleged gbhag Maciver’s jail term was still running over a criminal offence, hence the party’s governorship candidate, Sylva does not have a valid running-mate for the election.
The plaintiff wondered why INEC allowed Maciver to become a running-mate to Sylva knowing that Maciver was serving a jail term.
It said: “The provisions of Sections 175(1), 182(1)(d) & (2)(c) and 187(1) and (2) of the 1999 Constitution of the Federal Republic of Nigeria clearly stated that anybody having been convicted for a criminal offence with a sentence of imprisonment, without Presidential Pardon, is not eligible to be recognised or listed by INEC, which MacIver is affected by these provisions.
“Due to term of imprisonment, Maciver should not be given recognition by INEC as the running mate of Sylva for the 2023 Bayelsa State Governorship Election is not at variance with the Constitution of the Federal of Nigeria, null and void ab initio?
“On the heels of these we are unequivocally stating here that in view of the conviction of Maciver for a sentence of imprisonment, he cannot be a running mate of Sylva who is contesting for the office of Governor of Bayelsa State in the 2023 Bayelsa State Governorship Election, hence Sylva does not have a running mate as submitted to INEC.”
The plaintiff declared that recognition and listing of Maciver who is allegedly under a sentence of imprisonment, without Presidential Pardon, as the Deputy Governorship candidate was illegal, unlawful, null and a gross violation of the 1999 Constitution of the Federal Republic of Nigeria.
“Therefore, we pray the Federal High Court, Abuja to give an order of perpetual injunction restraining the INEC from recognising MacIver and Sylva as not having a running mate for the 2023 Bayelsa State Governorship Election.”