A Federal High Court sitting in Yenagoa has admitted 10 witnesses to testify against the Deputy Governorship candidate of the All Progressive Congress (APC) in the forthcoming Bayelsa State governorship election, Great Joshua Maciver, in the suit challenging his eligibility to contest the election over his alleged conviction for murder and terrorism by a court of competent jurisdiction in 2006.
Kuroiyedoughe Elijah Leizou Esq, Counsel to one the Governorship aspirant of the APC during last primary, Mrs. Isikima Ogbomade Johnson, who is challenging the eligibility of the party’s deputy governorship candidate, said that they are sure that they have enough evidence to prove their case.
While Sammie Somari, SAN, Counsel to the 2nd and 3rd respondents, Chief Timipre Sylva and Chief Joshua Maciver, respectively announced an appearance of two more witnesses in the suit, the Independent National Electoral Commission (INEC) however announced that they have only one witness in the case.
Sylvester Elema, SAN, standing in for the APC, which is the 1st defendant in the case, also told the court of its client’s decision to withdraw its earlier statement of defence filed on the 12th of September and 14th of September, 2023.
The presiding judge, Justice Olaide Quadri, at the resumption of sitting on the suit marked (FHC/YNG)/114/2023, after hearing from the counsels adjourned till October 3rd for explicit hearing.
He also urged the counsels to file all needed motions and statement of defence, saying that the hearing of the suit will be accelerated and may take early mornings sitting between 7am and 10am to allow the court to attend to others pending cases.
Justice Olaide Quadiri however adjourned for definite hearing till October 3rd, 2023.
Speaking with newsmen after the court sitting, Sylvester Elema, SAN, standing in for the APC, 1st defendant, said the case is a pre-election action “from the plaintiff alleging that the Deputy Gubernatorial candidate of the APC, was not validly nominated because he was an ex-convict and didn’t benefit from the Presidential Amnesty programme but we have abundant evidence to show it’s not true.
“This is just a waste of time, because even the action was filed out of time contrary to the provisions of pre-election party direction to file within fourteen days but was filed more than thirty days. We expect that the plaintiff will bring their witnesses on the adjourned date if they have any.”
Also speaking, Sammie Somari, SAN, counsel for the 3rd and 4th defendant, Chief Timipre Sylva, and Chief Joshua MacIver, said though the court has adjourned the case for definite hearing on the 3rd, 4th, and 5th, “we will not want to preempt the court.
“With what they have done so far they are just on a time wasting exercise, but nevertheless we wait for them to put in their evidence and we will confront them with what they have brought for the judge to rule.
“Earlier, they filed two matters on this same point simultaneously, one before the High court Abuja, and the one here in Yenagoa. The first was dismissed because it was filed out of time against what section 285 of the constitution provides. And since they were both filed simultaneously, the same way the first was thrown out, this will also not see the light of the day.”
Mrs. Isikima Ogbomade Johnson, the Governorship aspirant of the APC in the suit before the Court is contending that Maciver was allegedly convicted of murder and terrorism by a court of competent jurisdiction in 2006, and as such, he was not qualified to be the running-mate to the APC governorship candidate, Timipre Sylva.
She is also arguing that Maciver allegedly lied on oath when he declared that he was not an ex-convict when he filled out his form by the INEC..
READ ALSO FROM NIGERIAN TRIBUNE
and then