The attempt by former governor Timipre Sylva to regain the Bayelsa State governorship seat was yesterday halted by the Federal High Court in Yenagoa, declaring that it amounted to abuse of judicial process.
Sylva had through his counsel, Chief Robert Clarke (SAN) instituted a suit against the Independent National Electoral Commission (INEC), praying the court to declare him the winner of the 2011 governorship election, having emerged as the Peoples Democratic Party (PDP) candidate in the January 2011 governorship primaries.
However, the PDP, Dickson and INEC through their counsel asked the court to join them in the suit and filed preliminary objection, arguing that Sylva lacked the locus standing to institute the suit.
Ruling on the preliminary objection, Justice Lambo Akanbi noted that the persistent filing of motions before the lower court when such as been ruled upon by the justices of the Supreme Court amounted to judicial rascality.
Lambo, while dismissing the suit brought by Sylva explained that he would not be part of a journey in futility.
According to him: “It is an abuse of the court process for the plaintiff (Sylva) to approach this court on a matter already decided by the Supreme Court. I shall not encourage any journey in futility.”
Akanbi, who stated that Sylva argument that since he won the January 2011 primary organized by PDP, the party had no right to organize another primary that produced Dickson, as its candidate in November 2011 holds no water, added that matter had outlived its usefulness, as it had extended beyond the timeframe allowed by the Electoral Act.
He upheld the argument by Dickson that continued filing of motions by the former governor had become a distraction and should be stopped.
After the judgment, Clarke refused to comment and sources close to Sylva said the counsel had been instructed to get a copy of the judgment to prepare the ground for appeal.
Counsel to the PDP, Granville Amigbo (SAN) commended the judiciary, noting that the court had upheld their initial position that the former governor had no locus to continue to challenge the mandate of Dickson.