A Federal High Court sitting in Yenagoa, Bayelsa State presided over by Hon. Justice Olaide Quadiri, has fixed September 13th for commencement of hearing on the eligibility of the Bayelsa State All Progressives Congress (APC) deputy governorship candidate and Chief Timipre Sylva running mate, Mr. Joshua Maciver.
A female governorship aspirant of the APC, Ikisima Johnson, who also participated and lost the party’s governorship primaries to the eventual winner, Chief Timipre Sylva, is challenging the eligibility of Maciver and seeking his disqualification as the party’s running mate on the alleged ground that he was an ex-convict.
In suit number FHC/YNG/CS114/2023/, the APC was listed as the first defendant, while the Independent National Electoral Commission (INEC), Chief Timipre Sylva, and Joshua MacIver as second, third and fourth defendants respectively.
At the preliminary hearing yesterday, Counsel to Johnson, Leizou Elijah, filed an application for conversion of the case from originating summons to pleadings and asked the court for a date to hear the motion.
Justice Olaide Quadiri who adjourned the case to September 13th for hearing and ruling on the plaintiff’s motion for conversion of originating summons to pleadings, urged all parties to exchange pleadings and processes to ensure that all parties file their processes before the next hearing date.
In a chat with newsmen, counsel to Chief Sylva and Maciver, Benjamin Ogbara, who held brief for the lead counsel Dr. James Onoja said: “This is a case that was filed by one Isikima Johnson who was incidentally a governorship aspirants of the APC in Bayelsa State, and according to the originating processes that was serve on us, they are trying to challenge the eligibility of Joshua Maciver that was nominated as a running mate to Chief Timipre Sylva, which had been forwarded to INEC on April 25th.
“They are challenging the eligibility of the running mate, of course you know as far as I am concerned the process is in court but I know the court cannot entertain this matter basically because the matter is statue barred.
“In today’s proceedings, we have filed our counter affidavit and a notice of preliminary objection and also a counter affidavit and we have serve on them but today we came to court and we are told that we have not been served that they have filed another process to convert the originating process which they filed since on the 25th of May to pleading (wright of summons) and of course they know this is a pre-election matter.
You cannot come back and file, the time has elapse even “When they filed this matter, they filed above the 14 days on the occurrence of the event which was the day the party forwarded the names to INEC, so they know this matter is statue barred and as far as I am concerned it is a waste of the precious time of the court.
“The judge said all parties should exchange pleadings and the matter was adjourned to 13th of September 2023 by which time all pleadings and processes have been filed and on that day the court will take all applications and he will subsequently adjourn for judgement.”
Counsel to the petitioner, Leizou Elijah, declined comment when journalists approach him.
