The Court of Appeal sitting in Abuja, Tuesday, reversed the nullification of the candidacy of Timipre Sylva of the All Progressives Congress, APC, in the forthcoming Bayelsa governoship election.

Justice Binta Zubairu, who delivered the lead judgement held that Justice Donatus Okorowo of the Federal High Court, held that the lower court lacks jurisdiction on the matter.

Justice Binta said the lower court was wrong to have ordered the sack of Sylva as a candidate of the APC in the November 11 governorship election in the State.

According to the court, the trial court erred in having assumed jurisdiction in the matter on grounds that the plaintiff at the Federal High Court lacked the necessary locus standi to initiate the suit in the first place.

The Court held that plaintiff having not participated in the primary election that produced Sylva as the flag bearer of the APC in the forthcoming election was not qualified to challenge the outcome of the said primaries.

The appellate court said the issue of jurisdiction is fundamental in an election matter, and since the lower court had no jurisdiction in the first place, all actions taken in the matter are declared a nullity.

The appellate court, in addition, stated that once a judgment is found to have been delivered without jurisdiction, “no matter how sound” it may be, “it is an exercise in futility”.

The appellate court subsequently voided the decision of Justice Donatus Okorowo, which nullified Sylva’s participation in the November election.

By this judgment, the Independent National Electoral Commission (INEC) would have to relist Sylva as the candidate of the APC for the governorship election in Bayelsa State.

Justice Zubairu also awarded a cost of N1 million in favour of Sylva.