26th January, 2012
Embattled Bayelsa state Governor Timipre Sylva, whose aspiration to run for a second term under the platform of his party, the Peoples Democratic Party, PDP, has suffered some setbacks on Thursday moved to expunge the name of Seriake Dickson, the party’s choice for the plum job, from the list of candidates published by the Independent National Election Commission for the state governorship election.
The initial list of candidates published by the electoral body did not include any candidate for the PDP as a result of a pending suit instituted by the governor challenging the conduct of a fresh primary election in the state when he had emerged the winner of an earlier one conducted by the party in January 2011.
Soon after the release of the names of candidates for the state governorship election by INEC, Dickson approached a Federal High Court presided over by Justice Gladys Olotu through a motion ex-parte, and secured an order of mandatory injunction compelling INEC to include his name as the bonafide candidate of the party for the election.
The joy which the non inclusion of Dickson’s name in the list of candidates brought to Governor Sylva’s camp was shortlived as the electoral body, in an unusual speedy manner, withdrew its earlier list and issued another containing the name of Dickson as the candidate of the Peoples Democratic Party for the forthcoming election.
Sylva rapped INEC for changing its earlier stance to wait until the legal tussle surrounding the party’s candidate which is pending before the court is dispensed with before the inclusion of the name of the party’s candidate in the list.
The Governor also described the order granted in favour of Dickson by the court as “immoral, ungodly and pathetic”, saying it was “obtained by fraud in the dead of the night”
At the resumption of proceedings in Dickson’s suit which had INEC as the defendant, Governor Sylva applied through his lawyer, Prince Lateef Fagbemi, a senior advocate of Nigeria, to be joined in the suit as an interested party and also applied for the order which led to the inclusion of Dickson’s name in the list of candidates for the election to be revoked.
Governor Sylva wants the court to declare him the lawful candidate of the PDP for the forthcoming governorship election.
Dickson at Thursday’s proceedings delayed the hearing of Governor Silva’s applications as his lawyers led by Chief Joe Kyari Gadzama, sought for and secure an adjournment of the matter to enable him familiarise himself with the case file, having told the court that he was briefed by his client about 48 hours ago.
Gadzama argued that the rules of court entitles him to seven clear days within which to respond to Sylva’s joinder application and noted that his time was still running.
Fagbemi’s argument was that the application for adjournment was deliberately intended to delay hearing of his application because Dickson had already gained an advantage by “the extraordinary order of mandamus issued by the court”
Fagbemi stated that he was convinced that if all the facts of the subject matter had been brought before Justice Olotu including the pendency of the subject matter at the Supreme Court she would not have made the order.
“It is clear that the use to which the plaintiff sought to put this order was far beyond your contemplation when you granted it,” he told the court.
He reminded the court that time had already been abridged in the matter and therefore Gadzama could not rightfully lay claim to seven days to respond to his joinder application.
The senior advocate’s arguments fell on deaf ears as the court went ahead to oblige Dickson’s lawyers’ request and adjourned the matter till Friday, 27 January (tomorrow).
—Nnamdi Felix/Abuja