Francis Agbo writes on the politics of Governor Sylva’s epistle to the Independent National Electoral Commission (INEC).
From all indications, the embattled Governor of Bayelsa State, Chief Timipre Sylva will not go down without a fight.
After failing to get the Governors’ Forum to pressurise the Peoples Democratic Party (PDP) to allow him participate in the next Saturday’s governorship primary in his state, Sylva swiftly wrote a memo to the Independent National Electoral Commission (INEC). In the letter, the governor asked INEC to recognise him as the PDP candidate for the 2012 governorship election.? The memo was written on his behalf by his lawyers led by Mr. Femi Falana, dated November 15, 2011 and addressed to INEC Chairman, Prof Attahiru Jega. The governor submitted that there was no need for a fresh primary because according to him, he has been nominated in January this year as the party’s candidate for the April governorship polls. While urging the commission to halt the forthcoming primary, he? argued that there was no need for fresh primary since his candidature subsists.
In his letter entitled: ‘‘Re: Decision of the Peoples Democratic Party (PDP) to conduct fresh governorship primaries in Bayelsa State,’’ Falana said:
‘‘Our client is a member of the PDP in Bayelsa State and currently the governor of Bayelsa State on the platform of PDP. Following the publication of the time table of activities for 2011 general elections by your commission, the PDP duly set in motion the machinery for conduct of governorship primaries in Bayelsa State to nominate its candidate for the governorship election… dully held in Yenagoa, Bayelsa State on 19th January, 2011… and our client emerged as winner.
However, the PDP has published a paid advert in the national dailies of its intention to conduct a fresh governorship primary in Bayelsa State and has gone ahead to schedule 19th November, 2011 for fresh primary despite the protest from our client whose nomination has been forwarded to your commission as the party’s candidate for the governorship election…’’
Quoting copiously from section 33 of the Electoral Act, 2010, Falana averred that? since Sylva’s name had been submitted to INEC, the PDP should not be allowed to change or substitute him except if Sylva dies or withdraws from the race. Falana stressed that by scheduling a fresh nomination process, the PDP was about changing or substituting Sylva.?
Some lawyers, political analysts and politicians have been reacting to Falana’s memo since it was made public.
Chief Fred Agbedi, former PDP chairman of Bayelsa State described the letter as academic exercise. He said? the January primary election, Sylva and his lawyers alluded to was for the April 2011 election which incidentally didn’t hold in Bayelsa State as a result of a Federal High Court judgement upheld by the Appeal Court. The courts extended the tenures of Sylva and his Sokoto, Adamawa, Cross River and Kogi States counterparts by one year. Agbedi said as a result of the verdicts, Sylva can not be PDP candidate for the February 2012 polls as his candidature was only valid for the April polls. Agbedi argued that yielding to Sylva’s request amounts to Sylva approbating and reprobating!?
‘‘The governor out of lust for power initiated a suite against INEC and federal government that he should remain in office longer than four years. His prayer was answered and the Bayelsa election was slated for 2012. The ticket upon which the governor has written INEC was a product of the primary election that held before the court verdict. That ticket was only valid for this year’s polls and has since expired. Is it not mischievous for Sylva to now want to contest next year’s election with an expired ticket? Is Sylva not aware that no one in history eats his cake and goes ahead to have it back?
Sylva and a few of his colleagues who won repeat elections after their victories in 2007 were cancelled, approached the courts for extension of their tenures which they got. On this basis, INEC excluded them from this year’s April polls. INEC has appealed the verdict at the Supreme Court and judgement has been fixed for next week!
There is another angle to it as canvassed by officials of INEC. A source at the commission said since Governor Murtala Nyako of Adamawa State has already emerged as candidate through a fresh primary even after emerging as candidate in January, it will be preposterous if the party fails to organise fresh primary in the president’s home. ‘‘Sylva’s case is not different from Nyako. I don’t see how INEC will stop PDP from holding fresh primary in Bayelsa State. We don’t have two sets of rules for the same situation in INEC,’’ the source told LEADERSHIP.
Aside this, many analysts who spoke to LEADERSHIP wondered why Sylva participated in the fresh build up to this month’s primary if he truly believes he has a subsisting governorship ticket. Patrick Onumah, socio-political commentator said if Sylva had not bought nomination form; if he had not submitted himself? to the party’s screening processes, Nigerians would have taken him seriously. ‘‘Why did Sylva buy the nomination form? Why didn’t he tell the world that he was boycotting the process for enjoying a running ticket? Well the man has the cash to splash on lawyers so I am not surprised he is shouting,’’ he reasoned.
Alex Oketa, Abuja based lawyer believes Sylva is ‘‘simply playing try your luck politics.’’ He said any attempt to stop PDP from holding fresh primary will contravene the Electoral Act 2010 as amended. Section 10, subsection 1 states that every political party shall not later than 60 days before the date appointed for a general election submit lists of candidate to INEC. According to Oketa, whatever name submitted to the commission before the April polls can not be valid for next year’s election in Bayelsa State.
While urging Sylva to reconcile with his party, he also states that the Act makes it impossible for the court to stop a political party from conducting primary elections.
But the Sylva camp said it will not give up in exploring every available window to make Sylva the candidate. For now there appears not to be respite for him. Though he has approached the a Federal High Court in Abuja presided over by Justice G.O Kolawole? to stop the Saturday primary from holding, the PDP insisted it would go ahead with the exercise.? The court fixed next Tuesday for hearing of? Sylva’s motion. Nigerians are watching!