By Adebiyi Adedap and Sunday Okobi

As legal tussle over the November 19 governorship primaries of the Peoples Democratic Party (PDP) in Bayelsa State shifts to the Court of Appeal, the state governor, Chief Timiprie Sylva, has accused the party of perpetrating judicial fraud.

His accusation, however, comes as a Coalition of Nigerian Human Right Groups (CONHRIG) expressed dismay over the current political situation in state, describing it as “a violation of human rights by soldiers and armed groups posted to the state by the Federal Government.”

At the resumed hearing Thursday at the Abuja division of the Court of Appeal, Sylvia through his counsel Prince Lateef Fagbemi (SAN) called attention of the court to what he described as a “fraudulent way” in which the party has invoked its jurisdiction in order to stall hearing of the substantive suit.

Fagbemi decried the fraudulent invocation of the court’s jurisdiction, pointing out that PDP created the impression that the record of proceeding at the trial court was compiled by the court registry and transmitted by the court, whereas it was all false.

“The appellants gave the impressions that the record of proceeding at the court below was compiled and transmitted by its [court’s] registry whereas by their records it was a record compiled and transmitted by the appellants themselves. And because they made it seem like it was record compiled and transmitted by the court below, we had no choice than concede. What I am saying is that they got us all here fraudulently. It is by fraud we are here without first getting a stay,” he said.

The mode of transmission of the court records was revealed when counsel to PDP’s Acting National Chairman, Abunaker Kawu Baraje, Tayo Oyetibo (SAN) prayed the court to grant an application, seeking a departure from the rules, the application was to cure the defect of it compiling and transmitting the records instead of the court itself doing so.

Presiding over the matter, Justice Zainab Bulkachuwa told Fagbemi to file necessary application for consideration over his complains, if he had an issue with the court record as compiled by the appellants.

The controversial governorship primaries shifted to the Court of Appeal as all parties agreed to face PDP’s appeal on the ruling of an Abuja Federal High Court, which ordered the party to within 72 hours show cause why the application filed by Sylva to stop the primaries should not be granted.

Justice Gabriel Kolawole of the Federal High Court who granted the order adjourned the case indefinitely so as to allow the appellate court decides on the appeals before it.
Fagbemi had told the court that the path of law was to allow the Court of Appeal to decide on the Appeal filed by the PDP especially when an application to stay of execution has been filed.

He confirmed the receipt of processes from the Court Appeal including that notice of appeal and motion for stay of execution; he urged the lower court to reserve its jurisdiction on the matter until the Court of Appeal rules on the matter.

According to him, once an Appeal has been entered in the court, the lower court suspends proceedings until the appeal is taken. PDP represented by its National Legal Adviser Olusole Oke, also told the lower court that the party did not deny been served with the process of the court, and that the party has responded promptly to the processes which states that the party should show cause why the application filed by Sylvia should not be granted.

He, however, informed the court that the PDP was never served with any court injunction. Determined to bypass the trial court, PDP filed an appeal challenging the ruling of the trial court, at the same time filed an application for stay of proceeding at the Court of Appeal Justice Bulkachuwa adjourned till December 12 for hearing as the court directs parties to file and exchange their written briefs before the adjourned date.

Meanwhile, the CONRIG said the conduct of the Federal Government in the state as it related to human right, democracy and the rule of law was shocking and embarrassing.

Speaking at a press conference in Lagos, CONRIG’s Assistant-General Secretary, Mr Kehinde Adegbuyi, said: “As a build-up to the gubernatorial election in the state, we are worried about the growing cases of arrests, intimidation, assault on innocent people and the blatant rape of democratic norms in the state.

“Not only are members of other political parties being arrested and locked up without charges, supporters of other political parties other than the controversial anointed PDP candidate whose emergence was believed to be at the prompting of the Federal Government are being arrested, detained and humiliated,” Adegbuyi said.

The group further submitted that “the PDP primaries in Bayelsa State is a farce,” saying it was a way to deny citizens the right participate in decision making. “We are only setting the process for friction, public mistrust, social unrests and political upheavals. It is isolationist to deny the people the right to participate in the process that leads to elections which must begin with a transparent and people-driven party primary.”

Adegbuyi alleged that President Goodluck Jonathan was believed to have “installed a puppet as the PDP candidate in the forthcoming gubernatorial elections in that state where they had many contestants for the race, thereby “foisting its candidate down the throat of Nigerians.”

The group therefore appealed to the Federal Government to withdraw soldiers from Bayelsa State and allow credible, people-driven primaries to take place in the state urging the Independent National Electoral Commission (INEC), “not to conduct the forthcoming gubernatorial election in Bayelsa State unless there are clear indications that the Federal Government is ready to allow a free and fair election in the state.”

na, wa o,

well, sylva shd just let the court decide,

This Sylva of a man go soon catch stroke.
Too bad no other work for Nigeria to tief money like politics!
God bless the USA jare!
Man go lose election go siddon kwayet for im house. . . African man go just die for dia. . . all to TIEF!!!