Bayelsa: Court of Appeal reserves judgment in suit against Sylva

THE Court of Appeal, Abuja Division on Monday, reserved judgment in the appeal filed by the Peoples Democratic Party (PDP) against an ex parte decision of the Federal High Court sitting in Abuja, which warned 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.The five-man panel of the appellate court, headed by Justice Zainab Bukachuwa, while adjourning, said hearing notice on the date the judgment would be delivered would be served on all counsels, in the matter.Adopting his brief of argument and reply on points of law, counsel for PDP, Tayo Oyetibo (SAN), submitted that Sylva should not have filed the action in Abuja, because the claims were against the PDP and not the Independent National electoral Commission (INEC), adding that the case should have been filed in Bayelsa State, as he argued that the Federal High Court lacked the requisite jurisdiction to entertain the case.He also contended that Section 87(9) of the Electoral Act 2010 which the plaintiff relied on to bring the action might have conferred on him a right of action, but did not confer jurisdiction on the instant court.According to him, the section did not confer jurisdiction but confer the right of action to a litigant.In his response, counsel for Sylva, Lateef Fagbemi (SAN), submitted that the jurisdiction of the court was obvious on the face of the court processes, pointing out that the reliefs sought by his clients were against all defendants, including the INEC and PDP.
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