INEC had, earlier on Wednesday, released an amended list of candidates vying in the election without including Mr Sylva's name.
Ahmed Raji has written to the Independent National Electoral Commission (INEC), demanding immediate withdrawal of the amended list of candidates released for the Bayelsa governorship election.
Mr Raji, who is the counsel to Timipre Sylva, the All Progressives Congress (APC) candidate in the 11 November election, described INEC's decision as prejudicial.
The News Agency of Nigeria (NAN) reports that INEC had, earlier today, released an amended list of candidates vying in the election without including Mr Sylva's name.
Justice Donatus Okorowo of a Federal High Court, Abuja, had, on 19 October in a judgment, disqualified Mr Sylva, a former governor of Bayelsa State, from contesting the election.
Unsatisfied with the judgment, Mr Sylva approached the Court of Appeal, through his lawyer, Mr Raji, to challenge the decision of the court.
But while the appeal is pending, INEC released a list of candidates for the poll, excluding the APC candidate's name.
'It was shocking'
In a letter to the commission dated 25 October, Mr Raji said he had the firm instruction of Mr Sylva to demand the immediate withdrawal of the amended list.
The lawyer said it was shocking for the INEC to release such publication when the judgement the commission acted upon had already been appealed against at the Court of Appeal.
"Sir, you will recall that the judgment in issue, that arose from the suit was delivered on the 9th October, 2023 and our client, being an ardent and firm believer in the efficacy of the judiciary and the rule of law, immediately filed an appeal within 24 hours of the judgment, on the 10th October, 2023.
"In addition to the notice of appeal, our client expeditiously compiled the record of appeal and transmitted the same in less than 10 days.
"The appeal was successfully entered on the 18th October, 2023, with Appeal No. CA/ABJ/CS/1060/2023.
"The above being the case, the commission, as a respected arbiter and law abiding institution, is expected to respectfully wait for the outcome of the appeal, before taking any step that may be prejudicial to any of the parties, particularly, our client.
"This is in view of the fact that the parties that went to court are not candidates in the forthcoming election, unlike our client. In other words, they do not have anything to lose. Rather, they are fighting proxy battles to deny our client and his party the opportunity to participate in the forthcoming election.
"We know that the Commission has always been consistent in a matter like this, to wait until the entire appellate process and proceedings are completed, one way or the other," he said.
According to him, this is not only consistent with the administrative and policy convenience but also with the Electoral Act and the constitution, in all election related matters.
Court fixes date for Sylva's suit
NAN reports that the Court of Appeal in Abuja, has scheduled a hearing for Friday in the appeal filed by Mr Sylva.
Mr Sylva and the APC are, by their suits, praying the Court of Appeal to set aside the 9 October judgment which voided Mr Sylva's candidacy.
Mr Sylva, in his three-ground notice of appeal, is contending among others that the trial court erred in law and occasioned a grave miscarriage of justice when it wrongly assumed jurisdiction by delving into the internal affairs of his party, which is a non-justiciable cause of action.
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He stated that the trial court has a duty to understand the case presented by the parties and apply the law correctly.
Mr Sylva contended that the trial judge erred in law and occasioned a grave miscarriage of justice against him when he (the judge) wrongly conferred, allowed and adjudicated on the matter when the respondent (plaintiff at the trial court) has no locus standi to initiate or institute the action.
He argued that the plaintiff had agreed that he did not participate in the primary election that produced him as the governorship candidate of the APC.
Mr Sylva also argued that the trial court breached his right to fair hearing as guaranteed by the Constitution when it failed to "properly evaluate, determine and pronounce" on his notice of preliminary objection, with which he challenged the competence of the suit.
(NAN)
