This was disclosed on the heels of a suit filed against the defendants, Sylva, Maciver, and INEC, by the plaintiff, Incorporated Trustees of the Trustfield Empowerment Initiative at the Federal High Court, Abuja.
Ahead of the Bayelsa State governorship election slated for November 11, 2023, by the Independent National Electoral Commission, INEC, strong indications have emerged that the governorship candidate of the All Progressives Congress, APC, Chief Timpre Sylva and his running mate, Joshua Maciver, risk disqualification.
This was disclosed on the heels of a suit filed against the defendants, Sylva, Maciver, and INEC, by the plaintiff, Incorporated Trustees of the Trustfield Empowerment Initiative at the Federal High Court, Abuja.
According to the plaintiff, Maciver has a jail term still running over a criminal offence, hence the party's governorship candidate, Sylva does not have a valid running mate for the election.
The plaintiff also queried INEC for allowing Maciver to become Sylva's running mate knowing that Maciver is "serving a criminal jail term".
The plaintiff said, "The provisions of Sections 175(1), 182(1)(d) & (2)(c) and 187(1) and (2) of the 1999 Constitution of the Federal Republic of Nigeria clearly stated that anybody having been convicted for a criminal offence with a sentence of imprisonment, without Presidential Pardon, is not eligible to be recognised or listed by INEC, which Maciver is affected by these provisions.
"Due to term of imprisonment, Maciver should not be given recognition by INEC as the running mate of Sylva for the 2023 Bayelsa State Governorship Election is not at variance with the Constitution of the Federal of Nigeria, null and void ab initio?
"On the heels of these, we are unequivocally stating here that in view of the conviction of Maciver for a sentence of imprisonment, he cannot be a running mate of Sylva who is contesting for the office of Governor of Bayelsa State in the 2023 Bayelsa State Governorship Election, hence Sylva does not have a running mate as submitted to INEC.
"We also declare that recognition and listing of Maciver who is under a sentence of imprisonment, without Presidential Pardon, as the Deputy Governorship candidate Sylva in the 2023 Bayelsa State Governorship Election is illegal, unlawful, null and a gross violation of the 1999 Constitution of the Federal Republic of Nigeria.
"Therefore, we pray the Federal High Court, Abuja to give an order of perpetual injunction restraining the INEC from recognising MacIver and Sylva as not having a running mate for the 2023 Bayelsa State Governorship Election."
In July, a group, Coalition for Social Justice and Equity Initiative, released documents to SaharaReporters, revealing that it had begun a process to approach the court over the alleged ineligibility of the APC deputy governorship candidate.
According to the Coalition, Maciver was allegedly convicted by an honourable court and was sent to Kaduna State to serve his 10 years sentence for murder and terrorism. Maciver, according to the group, however, did not complete his sentence and escaped from prison by allegedly pretending to be sick and needing treatment.
The group, through its Public Relations Officer, Ezra Areo, also claimed that despite being declared wanted by the Ministry of Interior and the decision of the administration of the late President Umaru Musa Yar'Adua to offer Presidential Pardon to militants during the militancy days in the Niger Delta, Joshua Maciver refused to embrace the Presidential Amnesty Programme (PAP), fearing that the programme was a ploy by the federal government to round him and others up.