Tension in Bayelsa as Court of Appeal agrees to hear Sylva Case....Reserves Judgement

Court of Appeal has struck out the preliminary objection filed by the Peoples Democratic Party, PDP, against the appeal by the All‎ Progressives Congress, APC, and its candidate, Timipre Sylva, challenging the judgement of the state election tribunal which upheld the election of Governor Seriake Dickson of Bayelsa State, reports Pilot.The appellate court further refused the application by the Independent National Electoral Commission, INEC, to amend its brief by adding some words which it claimed were mitted.The Court of Appeal is sitting on the multiple appeals arising from the judgement of the Bayelsa State governorship election tribunal.Meanwhile, the Appeal Court has reserved judgements in the three appeals after taking submissions from counsels to parties to the appeals.Arguing the main appeal, lead counsel to the appellants, Mr Sabastine Hon (SAN) submitted that the tribunal was in great error when it dismissed the petition.He further submitted that the governorship tribunal ‎misinterpreted section 26 (1) of the Electoral Act, 2011, which he said talked of postponement and not cancellation of an election.He argued that the cancellation of the December 6, 2015, governorship election in Southern Ijaw mades any other decision taken by INEC null and void.
The councel added that contrary to the position of the respondents that the appellants waived their rights by participating in the January 9, 2016, re-scheduled election, the appellants indeed tendered a protest letter against the cancellation and that there was no opportunity to go to court.He therefore urged the court to grant the reliefs sought by his clients, including the alternative reliefs.